C.R.S. § 31-12-412 — CO Code / Title 31 / Article 12 / Part 4 / Section 31-12-412
31-12-412. Annexing cities and towns
Status: in_force

31-12-412. Annexing cities and towns. (1) When any city or town desires to be annexed to another contiguous city or town, the governing body of each such city or town shall appoint a total of three commissioners to arrange and report to such governing body respectively the terms and conditions on which the proposed annexation can be made. If the governing body of each such city or town approves of the terms and conditions proposed, it shall so declare by proper ordinance. Thereupon, the governing body of each such city or town, by ordinance passed at least thirty days prior to the regular election therein or at least thirty days prior to a special election for that specific purpose, may submit the question of such annexation upon the terms and conditions so proposed to the registered electors of its respective city or town. Such election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965".

(2) If a majority of the registered electors of each city or town vote in favor of such annexation, the governing body of each shall so declare by proper ordinance. A certified copy of the whole proceedings for annexation of the city or town to be annexed shall be filed with the clerk of the city or town to which the annexation is made, and the latter shall file two certified copies of the notice of such action with a legal description accompanied by a map of the area concerned with the county clerk and recorder of the county in which such action has taken place. The county clerk and recorder shall file the second certified copy of such notice with the division of local government in the department of local affairs, as provided by section 24-32-109, C.R.S.
C.R.S. § 31-15-102 — CO Code / Title 31 / Article 15 / Part 1 / Section 31-15-102
31-15-102. Review without bond
Status: in_force

31-15-102. Review without bond. In all actions, suits, and proceedings in any court in this state in which a municipality of this state is a party, such municipality may take an appeal, as provided by law and the Colorado appellate rules, without giving bond.
C.R.S. § 31-15-301 — CO Code / Title 31 / Article 15 / Part 3 / Section 31-15-301
31-15-301. Definitions
Status: in_force

31-15-301. Definitions. As used in this part 3, unless the context otherwise requires:

(1) "Net effective interest rate" of a proposed issue of bonds means the net interest cost of said issue divided by the sum of the products derived by multiplying the principal amount of such issue maturing on each maturity date by the number of years from the date of said proposed bonds to their respective maturities.

(2) "Net interest cost" of a proposed issue of bonds means the total amount of interest to accrue on said bonds from their date of issuance to their respective maturities plus the amount of any discount below par or less the amount of any premium above par at which said bonds are being or have been sold. In all cases the net effective interest rate and net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds.
C.R.S. § 31-25-807 — CO Code / Title 31 / Article 25 / Part 8 / Section 31-25-807
31-25-807. Powers - duties
Status: in_force

31-25-807. Powers - duties. (1) The board, subject to the provisions of this part 8 and subject to other applicable provisions of law, shall have all powers customarily vested in the board of directors of a corporation. It shall exercise supervisory control over the activities of the director and the staff of the authority in carrying out the functions authorized by this part 8.

(2) In addition to the powers granted by subsection (1) of this section, the board may:

(a) Appoint and remove a director and other staff members, who shall be employed upon recommendation of the director, and prescribe their duties and fix their compensation which shall be paid from funds available to the authority;

(b) At the request of the governing body, prepare an analysis of economic changes taking place in the central business district of the municipality;

(c) Study and analyze the impact of metropolitan growth upon the central business district;

(d) Plan and propose, within the downtown development area, plans of development for public facilities and other improvements to public or private property of all kinds, including removal, site preparation, renovation, repair, remodeling, reconstruction, or other changes in existing buildings which may be necessary or appropriate to the execution of any such plan which in the opinion of the board will aid and improve the downtown development area;

(e) To implement, as provided in this part 8, any plan of development, whether economic or physical, in the downtown development area as is necessary to carry out its functions;

(f) In cooperation with the planning board and the planning department of the municipality, develop long-range plans designed to carry out the purposes of the authority as stated in section 31-25-801 and to promote the economic growth of the district and may take such steps as may be necessary to persuade property owners and business proprietors to implement such plans to the fullest extent possible;

(g) Retain and fix the compensation of legal counsel to advise the board in the proper performance of its duties;

(h) Make and enter into all contracts necessary or incidental to the exercise of its powers and the performance of its duties.

(3) (a) Notwithstanding any law to the contrary and subject to subsections (3)(a)(IV) and (3)(a)(V) of this section, any plan of development as originally adopted by the board or as later modified pursuant to this part 8 may, after approval by the governing body of the municipality, contain a provision that taxes, if any, levied after the effective date of the approval of the plan of development by the governing body upon taxable property within the boundaries of the plan of development area each year or that municipal sales taxes collected within said area, or both such taxes, by or for the benefit of any public body shall be divided for a period not to exceed thirty years or a longer period as provided for in subsections (3)(a)(IV) and (3)(a)(V) of this section after the effective date of approval by the governing body 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 within the boundaries of the plan of development area last certified prior to the effective date of approval by said governing body of the plan, or, as to an area later added to the boundaries of the plan of development area, the effective date of the modification of the plan, or that portion of municipal sales taxes collected within the boundaries of said development 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) The portion of property taxes or all or any portion of sales taxes, or both, in excess of the amount specified in subsection (3)(a)(I) of this section shall be allocated to and, when collected, paid into a special fund of the municipality for the payment of 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 municipality for financing or refinancing, in whole or in part, a development project within the boundaries of the plan of development area. Any excess municipal sales tax collection not allocated pursuant to this subsection (3)(a)(II) shall be paid into the funds of the municipality. Unless and until the total valuation for assessment of the taxable property within the boundaries of the plan of development area exceeds the base valuation for assessment of the taxable property within such boundaries, as provided in subsection (3)(a)(I) of this section, all of the taxes levied upon the taxable property in such boundary area shall be paid into the funds of the respective public bodies. Unless and until the total municipal sales tax collections in the plan of development area exceed the base year municipal sales tax collections in such area, as provided in subsection (3)(a)(I) of this section, all such sales tax collections shall 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, and including any refunding securities therefor, have been paid, all taxes upon the taxable property or the total municipal sales tax collections, or both, in such boundary area shall be paid into the funds of the respective public bodies. Pursuant to an intergovernmental agreement between a municipality and an authority, the governing body may delegate to the board the power to incur loans or indebtedness or obtain advances and to pledge money in the special fund created pursuant to this subsection (3)(a)(II) for the payment of any loans, advances, or indebtedness. The intergovernmental agreement shall be approved by an ordinance adopted by the governing body and a resolution adopted by the board and shall include terms, conditions, or limitations on the power of the board as agreed to by the governing body and board.

(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 plan of development area. 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 governing body of the municipality that established the authority 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.

(IV) (A) Except as otherwise provided in subsection (3)(a)(V) of this section, during the final ten years of the thirty-year period during which a portion of the property taxes or sales taxes, or both, may be allocated to and, when collected, paid into the special fund of the municipality in accordance with the requirements of subsection (3)(a)(II) of this section, the governing body may by ordinance extend the period during which property taxes shall be allocated for one additional extension of twenty years, which extension shall commence upon the expiration of the original thirty-year period, if on the first day of the twenty-year extension period the established base year for the allocation of property taxes pursuant to subsection (3)(a)(II) of this section is advanced forward by ten years and, subsequent to the completion of the first ten years of the twenty-year extension, the base year is advanced forward by one year for each additional year through the completion of the twenty-year extension. The governing body may also by ordinance extend the period during which sales taxes shall be allocated for one additional extension of twenty years with no change to the established sales tax base year. Notwithstanding any other provision of this subsection (3)(a)(IV), any extension authorized pursuant to this subsection (3)(a)(IV) may only be considered by the governing body during the final ten years of the original thirty-year period.

(B) In connection with an extension implemented pursuant to subsection (3)(a)(IV)(A) of this section, on an annual basis fifty percent of the property taxes levied, or such greater amount as may be set forth in an agreement negotiated by the municipality and the respective public bodies, and allocated in accordance with the requirements of subsection (3)(a)(II) of this section shall be paid into the special fund of the municipality and the balance of such taxes shall be paid into the funds of the other public bodies by or for which such taxes are collected. Not later than August 1 of each calendar year, the governing body shall certify to the county assessor an itemized list of the property tax distribution percentages attributable to the special fund of the municipality pursuant to this subsection (3)(a)(IV)(B) from the mill levies to be certified by each public body. When certifying values to taxing entities pursuant to sections 39-1-111 (5), 39-5-121 (2), and 39-5-128, the assessor shall certify only the percentage of increment value attributable to the special fund pursuant to this subsection (3)(a)(IV)(B) as certified by the governing body.

(V) (A) If a governing body extends, pursuant to subsection (3)(a)(IV) of this section, the period during which a portion of the property taxes may be allocated to the special fund of the municipality in accordance with the requirements of subsection (3)(a)(II) of this section, the governing body may, by ordinance, extend the period during which property taxes shall be allocated for one or more additional twenty-year periods as specified in this subsection (3)(a)(V). The governing body must adopt a separate ordinance for each additional twenty-year period in accordance with subsection (3)(a)(V)(C) of this section. A twenty-year extension for the period during which property taxes shall be allocated to the special fund of the municipality commences upon the expiration of the previous twenty-year extension period, whether such period was pursuant to subsection (3)(a)(IV) of this section or pursuant to this subsection (3)(a)(V). On the first day of a twenty-year extension period pursuant to this subsection (3)(a)(V), the established base year for the allocation of property taxes pursuant to subsection (3)(a)(II) of this section must be advanced forward by one year, and the established base year must be advanced forward for each additional year through the completion of the twenty-year extension.

(B) In connection with an extension implemented pursuant to this subsection (3)(a)(V), on an annual basis fifty percent of the property taxes levied, or a greater amount as may be set forth in an agreement negotiated by the municipality and the respective public bodies, and allocated in accordance with the requirements of subsection (3)(a)(II) of this section, shall be paid into the special fund of the municipality and the balance of the taxes shall be paid into the funds of the other public bodies by or for which such property taxes are collected. Not later than August 1 of each calendar year, the governing body shall certify to the county assessor an itemized list of the property tax distribution percentages attributable to the special fund of the municipality pursuant to this subsection (3)(a)(V)(B) from the mill levies to be certified by each public body. When certifying values to taxing entities pursuant to sections 39-1-111 (5), 39-5-121 (2), and 39-5-128, the assessor shall certify only the percentage of increment value attributable to the special fund pursuant to this subsection (3)(a)(V)(B) as certified by the governing body.

(C) Before August 1 of the last year of a twenty-year extension period pursuant to subsection (3)(a)(IV) or (3)(a)(V)(A) of this section, the governing body may adopt an ordinance to extend the period during which a portion of property tax may be collected and allocated to the special fund of the municipality pursuant to subsection (3)(a)(II) of this section.

(b) The special fund described in subparagraph (II) of paragraph (a) of this subsection (3) and the tax moneys paid into such fund may be irrevocably pledged by the municipality for the payment of the principal of, the interest on, and any premiums due in connection with such bonds, loans, advances, or indebtedness if the question of issuing such bonds or otherwise providing for such loans, advances, or indebtedness and the question of any such intended pledge are first submitted for approval to the qualified electors of the district at a special election to be held for that purpose. Any such election required by this paragraph (b) shall be called by resolution of the board adopted at a regular or special meeting thereof and approved by the governing body by a vote of a majority of the members thereof at least thirty days prior to such election. Except with respect to the qualifications of electors, such election together with all attendant preparations therefor and proceedings thereafter shall be held and conducted in the manner prescribed by law for the holding and conducting of other regular or special elections in the municipality. 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 (3), "taxes" shall include, but not be limited to, 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 (3) shall be construed to require any public body to levy taxes.

(d) In the case of such plan of development areas, school districts which include all or any part of such plan of development area shall be permitted to participate in an advisory capacity with respect to the inclusion in a plan of development of the provision provided for by this subsection (3).

(e) In the event there is a general reassessment of taxable property valuations in any county including all or part of the plan of development area subject to division of valuation for assessment under paragraph (a) of this subsection (3) or a change in the sales tax percentage levied in any municipality including all or part of the downtown development area subject to division of sales taxes under paragraph (a) of this subsection (3), the portions of valuations for assessment or sales taxes under both subparagraphs (I) and (II) of paragraph (a) of this subsection (3) shall be proportionately adjusted in accordance with such reassessment or change.

(f) The manner and method by which the requirements of subparagraph (IV) of paragraph (a) of this subsection (3) are to be implemented by the 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.

(4) (a) An authority shall not actually undertake a development project for a plan of development area unless the governing body, by resolution, has first approved the plan of development which applies to such development project.

(b) Prior to its approval of a plan of development, the governing body shall submit such plan to the planning board of the municipality, if any, for review and recommendations. The planning board shall submit its written recommendations with respect to the proposed plan of development to the governing body within thirty days after receipt of the plan for review. Upon receipt of the recommendations of the planning board or, if no recommendations are received within said thirty days, without such recommendations, the governing body may proceed with the hearing on the proposed plan of development prescribed by paragraph (c) of this subsection (4).

(c) The governing body shall hold a public hearing on a plan of development or substantial modification of an approved plan of development after public notice thereof by publication once by one publication during the week immediately preceding the hearing 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 plan of development area covered by the plan, and shall outline the general scope of the development project under consideration.

(d) Following such hearing, the governing body may approve a plan of development if it finds that there is a need to take corrective measures in order to halt or prevent deterioration of property values or structures within the plan of development area or to halt or prevent the growth of blighted areas therein, or any combination thereof, and if it further finds that the plan will afford maximum opportunity, consistent with the sound needs and plans of the municipality as a whole, for the development or redevelopment of the plan of development area by the authority and by private enterprise.
C.R.S. § 31-10-608 — CO Code / Title 31 / Article 10 / Part 6 / Section 31-10-608
31-10-608. Disabled voter - assistance
Status: in_force

31-10-608. Disabled voter - assistance. (1) If, at any regular or special election, any voter declares under oath to the judges of election of the precinct where he is entitled to vote that, by reason of blindness or other physical disability or inability to read or write, he is unable to prepare his ballot or operate the voting machine without assistance, he is entitled, upon his request, to receive the assistance of any one of the judges of election or, at his option, of any qualified elector of the precinct selected by the disabled voter. No person other than a judge of election in the precinct is permitted to enter the polling booth as an assistant to more than one voter.

(2) A notation shall be made in the pollbook opposite the name of each voter thus assisted stating that the voter has been assisted.
C.R.S. § 31-25-205 — CO Code / Title 31 / Article 25 / Part 2 / Section 31-25-205
31-25-205. Bequests for park purposes
Status: in_force

31-25-205. Bequests for park purposes. Real or personal property may be granted, bequeathed, devised, or conveyed to the city for the purpose of the improvement or ornamentation of any park, pleasure ground, boulevard, parkway, avenue, driveway, or road or for the establishment or maintenance in parks or pleasure grounds of museums, zoological or other gardens, collections of natural history, observatories, libraries, monuments, or works of art upon such trusts or conditions as may be approved by the commission. All such property or the rents, issues, and profits thereof shall be subject to the exclusive management and control of the commission. Lands or interests in land given or devised to such city for the purposes mentioned in this section shall be accepted or refused by ordinance passed by the governing body.
C.R.S. § 31-25-608 — CO Code / Title 31 / Article 25 / Part 6 / Section 31-25-608
31-25-608. Recording of ordinance
Status: in_force

31-25-608. Recording of ordinance. Within thirty days after the district has been declared duly organized, the clerk of the governing body shall transmit for recording to the county clerk and recorder in each of the counties in which the district or a part thereof extends a copy of the ordinance establishing said district.
C.R.S. § 31-10-912 — CO Code / Title 31 / Article 10 / Part 9 / Section 31-10-912
31-10-912. Write-in candidate affidavit in mail ballot elections
Status: in_force

31-10-912. Write-in candidate affidavit in mail ballot elections. No write-in vote for any office shall be counted unless an affidavit of intent to be a write-in candidate has been filed with the clerk by the person wishing to be a write-in candidate not later than sixty-four days before the day of the election. The affidavit of intent must indicate the office to which the affiant desires election and that the affiant is qualified to assume the office if elected.
C.R.S. § 31-12-109 — CO Code / Title 31 / Article 12 / Part 1 / Section 31-12-109
31-12-109. Hearing
Status: in_force

31-12-109. Hearing. (1) Any person may appear at such hearing and present evidence upon any matter to be determined by the governing body.

(2) All proceedings at the hearing and any continuances thereof shall be recorded, but the recorder's notes need not be transcribed unless proceedings for judicial review are initiated as provided in section 31-12-116.

(3) The board of trustees of a town may dispense with the reporting of the hearing as provided in this section and substitute in lieu thereof minutes summarizing the presentation of each speaker and describing the proceedings of the hearing. In the event that any proceedings are commenced for judicial review of an annexation in which this subsection (3) has been followed, the provisions of section 31-12-116 (5) shall be applicable.
C.R.S. § 31-12-107 — CO Code / Title 31 / Article 12 / Part 1 / Section 31-12-107
31-12-107. Petitions for annexation and for annexation elections
Status: in_force

31-12-107. Petitions for annexation and for annexation elections. (1) Petition for annexation in accordance with section 30 (1)(b) of article II of the state constitution:

(a) Persons comprising more than fifty percent of the landowners in the area and owning more than fifty percent of the area, excluding public streets and alleys and any land owned by the annexing municipality, meeting the requirements of sections 31-12-104 and 31-12-105 may petition the governing body of any municipality for the annexation of such territory.

(b) The petition shall be filed with the clerk.

(c) The petition shall contain the following:

(I) An allegation that it is desirable and necessary that such area be annexed to the municipality;

(II) An allegation that the requirements of sections 31-12-104 and 31-12-105 exist or have been met;

(III) An allegation that the signers of the petition comprise more than fifty percent of the landowners in the area and own more than fifty percent of the area proposed to be annexed, excluding public streets and alleys and any land owned by the annexing municipality;

(IV) A request that the annexing municipality approve the annexation of the area proposed to be annexed;

(V) The signatures of such landowners;

(VI) The mailing address of each such signer;

(VII) The legal description of the land owned by such signer;

(VIII) The date of signing of each signature; and

(IX) The affidavit of each circulator of such petition, whether consisting of one or more sheets, that each signature therein is the signature of the person whose name it purports to be.

(d) Accompanying the petition shall be four copies of an annexation map containing the following information:

(I) A written legal description of the boundaries of the area proposed to be annexed;

(II) A map showing the boundary of the area proposed to be annexed;

(III) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks;

(IV) Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed.

(e) No signature on the petition is valid if it is dated more than one hundred eighty days prior to the date of filing the petition for annexation with the clerk. All petitions which substantially comply with the requirements set forth in paragraphs (b) to (d) of this subsection (1) shall be deemed sufficient. No person signing a petition for annexation shall be permitted to withdraw his signature from the petition after the petition has been filed with the clerk, except as such right of withdrawal is otherwise set forth in the petition.

(f) The clerk shall refer the petition to the governing body as a communication. The governing body, without undue delay, shall then take appropriate steps to determine if the petition so filed is substantially in compliance with this subsection (1).

(g) If the petition is found to be in substantial compliance with this subsection (1), the procedure outlined in sections 31-12-108 to 31-12-110 shall then be followed. If it is not in substantial compliance, no further action shall be taken.

(2) Petition for annexation election in accordance with section 30 (1)(a) of article II of the state constitution:

(a) The registered electors may petition the governing body of any municipality to commence proceedings for the holding of an annexation election in the area proposed to be annexed. This petition shall meet the standards described in paragraphs (c) and (d) of this subsection (2) and either:

(I) Shall be signed by at least seventy-five registered electors or ten percent of said electors, whichever is less, if such area is located in a county of more than twenty-five thousand inhabitants; or

(II) Shall be signed by at least forty registered electors or ten percent of said electors, whichever is less, if such area is located in a county of twenty-five thousand inhabitants or less.

(b) The petition shall be filed with the clerk.

(c) The petition for annexation election shall comply with the provisions of paragraph (c) of subsection (1) of this section; except that:

(I) Rather than an allegation of any certain percentage of land owned, it shall contain an allegation that the signers of the petition are qualified electors resident in and landowners of the area proposed to be annexed; and

(II) The petition shall request the annexing municipality to commence proceedings for the holding of an annexation election in accordance with section 30 (1)(a) of article II of the state constitution.

(d) The requirements and procedures provided for in paragraphs (e) and (f) of subsection (1) of this section shall be met and followed in a proceeding under this subsection (2).

(e) If the petition is found to be in substantial compliance with this subsection (2), the procedure outlined in sections 31-12-108 to 31-12-110 shall then be followed, subject thereafter to an annexation election to be held in accordance with section 31-12-112. If the petition for an annexation election is not found to be in substantial compliance, no further action shall be taken; except that the governing body shall make such determination by resolution.

(3) Procedures alternative: The procedures set forth in subsections (1) and (2) of this section are alternative to each other and to any procedure set forth in section 31-12-106; except that a petition for annexation election filed pursuant to subsection (2) of this section shall take precedence over an annexation petition involving the same territory and filed pursuant to subsection (1) of this section if such petition for annexation election is filed at least ten days prior to the hearing date set for the annexation petition filed pursuant to subsection (1) of this section.

(4) Additional terms and conditions on the annexation: Additional terms and conditions may be imposed by the governing body in accordance with section 31-12-112.

(5) If a petition is filed pursuant to subsection (1) or (2) of this section and the territory sought to be annexed meets the specifications of section 31-12-106 (1), the governing body of the municipality with which the petition is filed shall thereupon initiate annexation proceedings pursuant to the appropriate provisions of section 31-12-106 (1). In the event that any governing body fails to initiate such annexation proceedings within a period of one year from the time that such petition is filed, annexation may be effected by an action in the nature of mandamus to the district court of the county where the land to be annexed is located, and the petitioner's court costs and attorney fees incident to such action shall be borne by the municipality.

(6) No proceedings for annexation to a municipality may be initiated in any area which is the same or substantially the same area in which an election for annexation to the same municipality has been held within the preceding twelve months.

(7) For the purpose of determining the compliance with the petition requirements in this section, a signature by any landowner shall be sufficient so long as any other owner in fee of an undivided interest in the same area of land does not object in writing to the governing body of the annexing municipality within fourteen days after the filing of the petition for annexation or annexation election. The entire area of the land signed for shall be computed as petitioning for annexation if such signing landowner has become liable for taxes in the last preceding calendar year or is exempt by law from payment of taxes. One who is purchasing land under a written contract duly recorded shall be deemed the owner of the land which is subject to the contract if he has paid the taxes thereon for the next preceding tax year. The signers for an area owned by a corporation, whether profit or nonprofit, shall be the same persons as those authorized to convey land for such corporation.

(8) No power of attorney providing the consent of a landowner to be annexed by a municipality pursuant to this section shall be valid for a term of more than five years, and no such power of attorney executed before May 27, 1997, shall be valid for a term of more than five years after May 27, 1997.
C.R.S. § 31-10-1502 — CO Code / Title 31 / Article 10 / Part 15 / Section 31-10-1502
31-10-1502. Sufficiency of complaint - judicial notice
Status: in_force

31-10-1502. Sufficiency of complaint - judicial notice. Irregularities or defects in the mode of calling, giving notice of, convening, holding, or conducting any regular or special election constitutes no defense to a prosecution for a violation of this article. When an offense is committed in relation to any municipal election, an indictment, information, or complaint for such offense is sufficient if it alleges that such election was authorized by law, without stating the call or notice of the election, the names of the judges of election holding such election, or the names of the persons voted for at such election. Judicial notice shall be taken of the holding of any regular or special election.
C.R.S. § 31-11-101 — CO Code / Title 31 / Article 11 / Section 31-11-101
31-11-101. Legislative declaration
Status: reserved

31-11-101. Legislative declaration. It is the intention of the general assembly to set forth in this article the procedures for exercising the initiative and referendum powers reserved to the municipal electors in subsection (9) of section 1 of article V of the state constitution. It is not the intention of the general assembly to limit or abridge in any manner these powers but rather to properly safeguard, protect, and preserve inviolate for municipal electors these modern instrumentalities of democratic government.
C.R.S. § 31-25-402 — CO Code / Title 31 / Article 25 / Part 4 / Section 31-25-402
31-25-402. Legislative declaration - powers
Status: in_force

31-25-402. Legislative declaration - powers. (1) The general assembly finds and declares that, in certain areas in municipalities and particularly in retail shopping areas thereof, there is need to separate pedestrian travel from vehicular travel and that such separation is necessary to protect the public safety or otherwise to serve the public interest and convenience. The general assembly further finds and declares that such objective can be accomplished, in part, by the establishment of pedestrian malls.

(2) The powers granted in this subsection (2) shall be exercised by the governing body in accordance with the terms of this part 4 and in the same manner as is otherwise provided by law. The governing body of a municipality has the power:

(a) To establish pedestrian malls;

(b) To prohibit, in whole or in part, vehicular traffic on a pedestrian mall, which power shall be in addition to and not by way of a limitation upon the power granted or held by governing bodies under other laws, and this paragraph (b) is not intended to limit powers already held by governing bodies to deal with their public rights-of-way;

(c) To acquire, by gift, purchase, eminent domain, or otherwise, all types of interest in real property and rights-of-way, together with improvements, which will become part of a pedestrian mall or which will otherwise be used by the municipality as part of or for purposes connected with a pedestrian mall, and such land, real property, or rights-of-way may be improved in the same manner as municipal streets may be improved under paragraph (e) of this subsection (2); to retain title to the pedestrian mall or to convey, lease, or transfer the pedestrian mall, in whole or in part, on such terms as it deems advisable, to an improvement district or other body or agency; and to deal with it generally in any manner which it deems appropriate so long as it is used for public purposes and in the public interest;

(d) To construct or ensure the construction of, through an improvement district or other appropriate body or agency, on municipal streets which have been or will be established as a pedestrian mall or on all types of interest in real property and rights-of-way described under paragraph (c) of this subsection (2), improvements of any kind or nature necessary or convenient to the operation of such municipal streets or interests in real property and rights-of-way as a pedestrian mall;

(e) To make such improvements as are authorized under paragraph (d) of this subsection (2) on municipal streets adjacent to or near the pedestrian mall and other improvements as are necessary or convenient to the operation of the mall;

(f) To pay, from general funds of the municipality, from proceeds of general obligation bonds, from other moneys available to the municipality, from the proceeds of assessments levied on lands benefited by the establishment of a pedestrian mall, from funds raised through bonds issued thereagainst, or from any other source whatsoever, the damages, if any, allowed or awarded to any property owner by reason of the establishment of a pedestrian mall and to make adequate provisions to secure the payment of said moneys as provided in section 31-25-406;

(g) To pay, from general funds of the municipality, from proceeds of general obligation bonds, from other moneys available to the municipality, from the proceeds of assessments levied on property benefited by any such improvements, from funds raised through bonds issued payable from such assessments, or from any other source whatsoever, the whole or any portion of the cost of such improvements;

(h) To levy assessments against properties benefited by the proposed pedestrian mall in an amount no greater than the total damages or compensation paid to landowners or to assess such damages as part of the total cost of the improvements made in the mall area, so long as the amount assessed does not exceed the special benefits conferred;

(i) To issue special assessment bonds in anticipation of the collection of special assessments payable in installments or to be levied at annual intervals over a designated term and to additionally secure the payment of such bonds by or from a source otherwise provided by law;

(j) To do any and all other acts or things necessary or convenient for the accomplishment of the purposes of this part 4.

(3) The acquisitions and improvements authorized in paragraphs (c) and (e) of subsection (2) of this section shall be deemed improvements as such term or a related term is used in this part 4. The governing body shall also have the power to transfer, lease, and convey, on such terms as it deems advisable, all such improvements and interests in real property.

(4) This part 4 and all of its provisions shall be liberally construed to the end that its purposes may be effectuated. Any proceeding taken pursuant to this part 4 shall not be invalid for failure to comply with the provisions of this part 4 if the acts done and proceedings taken are in substantial compliance with the terms and provisions set forth in this part 4.
C.R.S. § 31-25-1212.5 — CO Code / Title 31 / Article 25 / Part 12 / Section 31-25-1212.5
31-25-1212.5. Improvements - railroad quiet zones
Status: in_force

31-25-1212.5. Improvements - railroad quiet zones. A district has the power to construct, maintain, and operate safety measures that are necessary to allow the municipality to restrict the sounding of locomotive horns at highway-rail grade crossings in compliance with 49 U.S.C. sec. 20153, as amended, and the applicable rules of the federal railroad administration. The district shall construct, maintain, and operate the safety measures in accordance with the provisions of section 40-4-106, C.R.S., and the standards of safety prescribed by the public utilities commission pursuant to section 40-29-110, C.R.S.
C.R.S. § 31-25-1225 — CO Code / Title 31 / Article 25 / Part 12 / Section 31-25-1225
31-25-1225. Dissolution procedure
Status: in_force

31-25-1225. Dissolution procedure. Any district organized pursuant to this part 12 may be dissolved after notice is given, publication is made, and a hearing is held in the manner prescribed by sections 31-25-1206 and 31-25-1207. The dissolution of the district may be initiated by filing in the office of the clerk of the governing body either a petition signed by the persons described in section 31-25-1205 (2) or, in the case of a district which has not filed an operating plan and budget as required by section 31-25-1211 for two years, a resolution of the governing body. After hearing any protests against or objections to dissolution and if the governing body determines that it is for the best interests of all concerned to dissolve the district, it shall so provide by an effective ordinance, a certified copy of which shall be filed in the office of the county clerk and recorder in each of the counties in which the district or any part thereof is located. Upon such filing, the dissolution shall be complete. However, no district shall be dissolved until it has satisfied or paid in full all of its outstanding indebtedness, obligations, and liabilities or until funds are on deposit and available therefor. Notwithstanding any other provision of this section, upon petition of persons who own real or personal property in the service area of the proposed district having a valuation for assessment of not less than fifty percent, or such greater amount as the governing body may provide by ordinance, of the valuation for assessment of all real and personal property in the service area of the proposed district and who own at least fifty percent, or such greater amount as the governing body may provide by ordinance, of the acreage in the proposed district, the district shall be prohibited from incurring any new or increased financial obligations, shall impose its existing taxes, fees, and assessments solely to meet any existing financial obligations, and shall be dissolved as soon as the district has no outstanding financial obligations.
C.R.S. § 31-10-901 — CO Code / Title 31 / Article 10 / Part 9 / Section 31-10-901
31-10-901. Ballot boxes
Status: in_force

31-10-901. Ballot boxes. The governing body of each municipality using paper ballots shall provide one ballot box for each polling place. Each ballot box shall be strongly constructed so as to prevent tampering, with a small opening at the top thereof and with a lid to be locked. The ballot boxes and keys shall be kept by the clerk and delivered to the judges of election within one day immediately preceding any municipal election, to be returned as provided in section 31-10-614. Nothing in this section shall prevent the governing body from obtaining ballot boxes from the office of the county clerk and recorder.
C.R.S. § 31-35-601 — CO Code / Title 31 / Article 35 / Part 6 / Section 31-35-601
31-35-601. Owner to be notified
Status: in_force

31-35-601. Owner to be notified. In addition to the powers already had by municipalities, they have the following powers: When the governing body of a municipality having a public sewerage system deems it necessary for the protection of public health that owners of one or more premises connect their premises with the public sewer, thirty days' notice in writing shall be given to said owners, by registered mail, notifying them to connect their premises with the sewer, the date of the notice to begin as of the date of registering the same for mailing. If the work of making the connection is not begun within thirty days, the mayor shall notify the municipal engineer to prepare plans and specifications for making the connection with the public sewer, including water and service pipe for flushing purposes, if the owner has given notice and proof to the governing body or mayor of his financial inability to make the connection himself and if it is only for the necessary connection of a water closet or a privy in an outhouse or both.
C.R.S. § 31-25-604 — CO Code / Title 31 / Article 25 / Part 6 / Section 31-25-604
31-25-604. Organization petition - contents
Status: in_force

31-25-604. Organization petition - contents. (1) The organization of a district shall be initiated by a petition filed in the office of the clerk of the governing body vested with jurisdiction. The petition shall be signed by not less than thirty percent or two hundred of the electors of the proposed district, whichever is less. After the filing of a petition, no signer shall be permitted to withdraw his or her name from the petition.

(2) The petition shall set forth:

(a) The name of the proposed district, which shall include the name of the municipality creating the district, a descriptive name or number, and the words "general improvement district";

(b) A general description of the improvements to be acquired, constructed, installed, operated, or maintained or the services to be provided within and for the district;

(c) The estimated cost of the proposed improvements or the estimated annual cost of providing the proposed services;

(d) A general description of the boundaries of the district or the territory to be included therein with such certainty as to enable a property owner to determine whether or not his or her property is within the district;

(e) The names of three persons of the district who shall represent the petitioners and who have the power to enter into agreements relating to the organization of the district, which agreements shall be binding on the district, if created;

(f) A request for the organization of the district; and

(g) A statement that either:

(I) The boundaries of the proposed district include at least one hundred electors of the district;

(II) The boundaries of the proposed district include at least one elector of the district for each five acres of land included within the proposed district; or

(III) The petition is signed by one hundred percent of the owners of taxable real property to be included in the proposed district.

(3) No petition with the requisite signatures shall be declared void on account of alleged defects. The governing body, at any time, may permit the petition to be amended to conform to the facts by correcting any errors in the description of the territory or in any other particular. Similar petitions or duplicate copies of the same petition for the organization of the same district may be filed and together shall be regarded as one petition. All such petitions filed prior to the hearing on the first petition filed shall be considered by the governing body the same as though included with the first petition placed on file.
C.R.S. § 31-21-301 — CO Code / Title 31 / Article 21 / Part 3 / Section 31-21-301
31-21-301. Power to issue bonds - purpose
Status: in_force

31-21-301. Power to issue bonds - purpose. Subject to the provisions of this part 3, any municipality has the power to issue its negotiable coupon bonds for the purpose of paying any special assessment bonds or obligations which it may issue, together with interest thereon, when it appears that there is not or will not be sufficient money for the payment of the same at maturity in the particular fund out of which payment should be made.
C.R.S. § 31-25-534 — CO Code / Title 31 / Article 25 / Part 5 / Section 31-25-534
31-25-534. Issuing bonds - property specially benefited
Status: in_force

31-25-534. Issuing bonds - property specially benefited. (1) For the purpose of paying all or such portion of the cost of any improvement constructed under this part 5 as may be assessed against the property specially benefited, special assessment bonds of the municipality may be issued of such date, in such form, and on such terms, including, without limitation, provisions for their sale, payment, and redemption, as may be prescribed by the governing body, bearing the name of the street, alley, or district improved and payable in a sufficient period of years after such date to cover the period of payment provided and in convenient denominations. All such bonds shall be issued upon estimates approved by the governing body, and the municipal treasurer shall preserve a record of the same in a suitable book kept for that purpose. All such bonds shall be subscribed by the mayor, countersigned by the municipal treasurer, with the corporate seal thereto affixed, and attested by the clerk. Such bonds shall be payable out of the moneys collected on account of the assessments made for said improvements, from reserve accounts, if any, established to secure payment of such bonds, and from any other legally available moneys. Whenever three-fourths of the bonds for an improvement constructed under this part 5 have been paid and canceled and for any reason any remaining assessments are not paid in time to pay the remaining bonds for the district and the interest due thereon, the municipality may pay, from legally available moneys, the bonds when due and the interest due thereon and reimburse itself by collecting the unpaid assessments due the district. All moneys collected from such assessments for any improvement shall be applied to the payment of the bonds issued until payment in full is made of all the bonds, both principal and interest, or to fund or replenish reserve accounts, if any, established to secure the payment of such bonds. The bonds may be used in payment of the cost of the improvement as specified; or the governing body, upon advertisement published at least once in a newspaper of general circulation in such municipality and in such other newspapers as may be designated by the governing body, may sell a sufficient number of said bonds to pay such cost in cash for the best bid submitted in accordance with the terms of the notice of sale. All bids may be rejected at the discretion of the governing body. In addition, the bonds may be sold on such terms and conditions at a private sale if determined by the governing body to be in the best interests of the municipality.

(2) When all bonds of a district have been paid, any moneys remaining to the credit of such district may be transferred to a special surplus and deficiency fund, and, whenever there is a deficiency in any improvement district bond fund to meet the payment of outstanding bonds for other improvement districts and interest due thereon or to redeem such outstanding bonds in accordance with any estimated redemption schedule used in connection with the sale of such bonds, the deficiency may be paid from the moneys available therefor in the surplus and deficiency fund.

(3) In connection with the issuance of bonds payable solely from special assessments, the governing body of the municipality may provide by ordinance or resolution for the submission of the question of issuing such bonds to the electors eligible to vote on the question. The governing body of the municipality may provide by ordinance or resolution that all registered electors of the municipality shall be eligible to vote on the question or that only electors of the district shall be eligible to vote on the question.

(4) In connection with the issuance of bonds payable from special assessments which are additionally secured by a pledge of any other funds of the municipality, including the surplus and deficiency fund, the governing body of the municipality may provide by ordinance or resolution for the submission of the question of issuing the bonds to all registered electors of the municipality.

(5) Notwithstanding any other provision of this part 5, bonds issued in accordance with the requirements of this section may be payable from the assessments levied in one or more improvement districts.

(6) Notwithstanding any other provision of this part 5, any district formed for the purpose of encouraging, accommodating, and financing improvements as authorized in section 31-25-502 (2) may be authorized to issue one or more series of bonds, and bonds of any such district may be payable from the assessments levied pursuant to one or more assessment ordinances.
C.R.S. § 31-2-404 — CO Code / Title 31 / Article 2 / Part 4 / Section 31-2-404
31-2-404. Notice of hearing on petition
Status: in_force

31-2-404. Notice of hearing on petition. At any meeting of the governing body of any city or town after the presentation of the petition, the governing body shall fix the time when the petition shall be considered and order notice of the presentation thereof to be given by publishing such notice once each week for three successive weeks in some newspaper having a general circulation in such 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. Such notice shall state that a change of the name of such city or town has been petitioned for and the time when action on said petition will be had, at which time remonstrances, if any, will be heard.
C.R.S. § 31-30.5-206 — CO Code / Title 31 / Article 30.5 / Part 2 / Section 31-30.5-206
31-30.5-206. Warrants drawn
Status: in_force

31-30.5-206. Warrants drawn. It is the duty of such officers of the municipality, fire protection district, or county improvement district as are designated by law to draw warrants on the treasurer of said municipality, fire protection district, or county improvement district on orders by the board, to draw warrants thereon, payable to the treasurer of said board for all funds belonging to the fund.
C.R.S. § 31-30-1133 — CO Code / Title 31 / Article 30 / Part 11 / Section 31-30-1133
31-30-1133. Qualification requirements - internal revenue code - definitions
Status: in_force

31-30-1133. Qualification requirements - internal revenue code - definitions. (1) As used in this section, "internal revenue code" means the federal "Internal Revenue Code of 1986", as amended.

(2) Any volunteer firefighter pension plan established by this part 11 to provide retirement benefits for volunteer firefighters shall satisfy the qualification requirements specified in section 401 of the internal revenue code, as applicable to governmental plans. In order to meet those requirements, such plans are subject to the following provisions, notwithstanding any other provision of this part 11:

(a) The board shall distribute the corpus and income of the pension plan to members and their beneficiaries in accordance with this part 11 and the rules adopted by the board.

(b) No part of the corpus or income of the pension plan may be used for or diverted to any purpose other than that of providing benefits to participants and their beneficiaries and defraying reasonable expenses of administering the pension plan, except for an assignment for child support debt pursuant to section 14-14-104, C.R.S., child support arrearages as requested as part of an enforcement action under article 5 of title 14, C.R.S., or child support arrearages that are the subject of enforcement services provided under section 26-13-106, C.R.S., and except for income assignments for child support purposes pursuant to section 14-14-111.5, C.R.S., and a writ of garnishment that is the result of a judgment taken for arrearages for child support or for child support debt.

(3) A board may adopt any provision for a plan that is necessary to comply with the internal revenue code.
C.R.S. § 31-12-501 — CO Code / Title 31 / Article 12 / Part 5 / Section 31-12-501
31-12-501. Application - enactment - filing - definitions
Status: in_force

31-12-501. Application - enactment - filing - definitions. (1) When the owner of a tract of land within and adjacent to the boundary of a municipality desires to have said tract disconnected from such municipality, such owner may apply to the governing body of such municipality for the enactment of an ordinance disconnecting such tract of land from such municipality. The owner shall also provide notice and a copy of the application to the board of county commissioners of the county in which the tract of land that is the subject of the application is located and to the board of directors of any affected special district. No later than the effective date of the disconnection of a particular tract of land, any vested property rights affecting the tract that have been established pursuant to article 68 of title 24 prior to such date that are possessed by the owner of the tract shall be expired or relinquished.

(2) (a) Not more than thirty days after receiving the notice required by subsection (1) of this section, either the board of county commissioners or the board of directors of any affected special district may request a meeting with the owner and the governing body of the municipality, or its appointee, to discuss and address any negative impacts on the county that would result from the disconnection. If such meeting is requested, the owner and the governing body or its appointee shall meet with either the board of county commissioners, or its appointee, or the board of any affected special district, or its appointee, not more than thirty days after the meeting was requested. Failure by either the board of county commissioners or the board of any affected special district to request a meeting constitutes an acknowledgment by the particular board that the disconnection will not adversely affect the county or an affected special district, as applicable.

(b) As used in paragraph (a) of this subsection (2), "affected special district" means any special district that by its service plan or pursuant to an intergovernmental agreement is or will be expected to provide service to the tract of land that is the subject of the disconnection application. For purposes of paragraph (a) of this subsection (2), "negative impact" includes any change in the level or extent of services being provided to the tract of land by any special district.

(3) On receipt of such application, the governing body of the municipality shall give due consideration to the disconnection application, and, if such governing body is of the opinion that the best interests of the municipality will not be prejudiced by the disconnection of such tract, it shall enact an ordinance effecting such disconnection.

(4) If such an ordinance is enacted, it is immediately effective upon the required filing with the county clerk and recorder to accomplish the disconnection, and two certified copies thereof shall be filed by the clerk in the office of the county clerk and recorder of the county in which such tract lies. 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.

(5) (a) Any tract of land that has been disconnected from a municipality, whether by means of an ordinance enacted under subsection (3) of this section or a court decree that has been entered under part 6 of this article 12, shall be made subject to the applicable county's zoning resolution and map and other land development regulations within ninety days after the effective date of the disconnection as described in subsection (4) of this section. Any provision of the county's zoning resolution, zoning map, or zoning plan automatically applying a uniform zoning classification to all land that may be disconnected in the future is void and of no effect as to any particular tract of land. The county may institute the procedure specified in the Colorado Revised Statutes, in its zoning resolution or zoning plan, or in its other land development regulations to allow the particular tract of land to obtain the necessary land entitlements at any time after the county receives the notice from the municipality regarding enactment of an ordinance disconnecting the tract from the municipality described in subsection (1) of this section; except that any such zoning resolution, zoning plan, or other land development action shall not be enacted and made effective until the tract of land has been disconnected from the municipality in accordance with this section.

(b) During the ninety-day period specified in subsection (5)(a) of this section, or such lesser time as is required to satisfy such requirement, the county may elect not to issue any building or occupancy permit for all or any portion of the land area that is the subject of the disconnection application.

(c) Any county may commence the procedure specified in its own subdivision regulations to subdivide the tract of land that is the subject of the disconnection application at any time after the disconnection has been completed and the ordinance has been filed with the county clerk and recorder in accordance with subsection (4) of this section; except that the county shall not make a final decision approving the subdivision until zoning affecting the particular tract of land has been enacted in accordance with subsection (5)(a) of this section.
C.R.S. § 31-2-103 — CO Code / Title 31 / Article 2 / Part 1 / Section 31-2-103
31-2-103. Approval of incorporation election
Status: in_force

31-2-103. Approval of incorporation election. (1) Within three days after the election, the commissioners shall file a report thereof with the court, which report shall be verified upon the oath or affirmation of each commissioner and which shall contain the following:

(a) A certification that the election was held in accordance with the law;

(b) A copy of the notice of the election, as published;

(c) The names of the judges of the election;

(d) The whole number of votes cast in the election; and

(e) The result declared on the proposal submitted as reflected by the votes cast for and against such proposal.

(2) If it appears to the court that said election was substantially regular and fair and a majority of the ballots cast at such election were for incorporation, the court shall by order adjudge said petition and election to be valid. The clerk of the court shall thereupon give notice of the result by publication in a newspaper of general circulation in the county or, if no newspaper is published in the county, by posting in five public places within the limits of the proposed city or town. In such notice he shall designate to which classification of incorporation prescribed in section 31-1-203 the city or town belongs. Three certified copies of the notice, with proper proof of its publication, together with a certified copy of all papers and record entries relating to the matter on file in the clerk of the court's office, including a legal description and a map of the area concerned, shall be filed in the office of the county clerk and recorder of each of the counties in which the territory is situate. The county clerk and recorder shall file the second certified copy of such notice with the division of local government of the department of local affairs as provided in section 24-32-109, C.R.S., and file a third certified copy of said notice in the office of the secretary of state.
C.R.S. § 31-10-903 — CO Code / Title 31 / Article 10 / Part 9 / Section 31-10-903
31-10-903. Ballots changed if candidate dies or withdraws
Status: in_force

31-10-903. Ballots changed if candidate dies or withdraws. If any person duly nominated dies before the day fixed for the election and the fact of such death becomes known to the clerk or withdraws by filing an affidavit of withdrawal with the clerk before the date fixed for election, the name of the deceased or withdrawn candidate shall not be printed upon the ballots for the election. If the ballots are already printed, the name of the deceased candidate or withdrawn candidate shall be erased or canceled, if possible, before the ballots are delivered to the voters.
C.R.S. § 31-10-107 — CO Code / Title 31 / Article 10 / Part 1 / Section 31-10-107
31-10-107. Forms prescribed
Status: repealed

31-10-107. Forms prescribed. (Repealed)
C.R.S. § 31-23-108 — CO Code / Title 31 / Article 23 / Part 1 / Section 31-23-108
31-23-108. Record and preservation - definition
Status: in_force

31-23-108. Record and preservation - definition. The county clerk and recorder shall record all such plats of lands within his or her county together with the description, acknowledgment, or other writing thereon in a book to be kept for that purpose and, when necessary, may reduce the scale of any such plat. Upon each record in the book he or she shall endorse his or her certificate that the same is truly recorded from the original plat filed in his or her office. The county clerk and recorder may receive an original plat for recording in an electronic format. The county clerk and recorder shall preserve the original plat in the original format, an electronic format, or both. If the plat is received for recording in the original format, the county clerk and recorder may preserve it in an electronic format by digitizing or scanning the plat at a minimum resolution of three hundred dots per inch. The county clerk and recorder shall keep an index to such book of plats, which index shall contain the names of the parties acknowledging such plats and the name of the city or town, as the case may be. The county clerk and recorder shall likewise make entries of all the plats in the index in his or her office in which deeds are required to be entered. As used in this section, "electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
C.R.S. § 31-31.5-203 — CO Code / Title 31 / Article 31.5 / Part 2 / Section 31-31.5-203
31-31.5-203. Department chief - exemption by written agreement - definition
Status: in_force

31-31.5-203. Department chief - exemption by written agreement - definition. (1) A department chief hired on or after April 8, 1978, is exempt from the statewide retirement plan upon the execution of a written agreement between the department chief and the chief's employer that provides for the department chief's participation in social security or in a federal insurance contribution act replacement plan as allowed under rules established by the board and in compliance with the federal "Internal Revenue Code of 1986". A department chief may satisfy the federal insurance contribution act replacement plan requirement by participating in an employer sponsored plan, the statewide money purchase plan, or a component of the statewide retirement plan.

(2) As used in this section, "department chief" means the senior command officer of any fire or police department of any employer by whatever title known including but not limited to chief, administrator, or director.

(3) A department chief exempted pursuant to subsection (1) of this section may maintain coverage for disability and survivor benefits under part 8 of article 31 of this title 31 if the department chief participates in the statewide money purchase plan, the statewide retirement plan, or a local money purchase plan that is qualified under section 401 (a) of the federal "Internal Revenue Code of 1986" and that has a contribution rate of not less than eighteen percent.
C.R.S. § 31-10-1527 — CO Code / Title 31 / Article 10 / Part 15 / Section 31-10-1527
31-10-1527. Introducing liquor into polls - repeal
Status: repealed

31-10-1527. Introducing liquor into polls - repeal. (Repealed)
C.R.S. § 31-23-111 — CO Code / Title 31 / Article 23 / Part 1 / Section 31-23-111
31-23-111. Owner construed
Status: in_force

31-23-111. Owner construed. For the purposes of this part 1, any person having a legal or equitable interest in any lands shall be deemed an owner and proprietor. Nothing in this part 1 shall affect the rights of anyone other than those acknowledging any such plat.
C.R.S. § 31-15-1001 — CO Code / Title 31 / Article 15 / Part 10 / Section 31-15-1001
31-15-1001. Legislative declaration
Status: in_force

31-15-1001. Legislative declaration. The general assembly hereby finds and declares that methods for the efficient and economical production of usable energy should be achieved whenever possible and that the use of flammable waste material for the conversion of heat into steam, electrical power, or any other form of energy could provide energy in an efficient and economical manner. For such purposes, the provisions of this part 10 are enacted to authorize municipalities to develop this type of energy for their own use and the use of the public.
C.R.S. § 31-15-407 — CO Code / Title 31 / Article 15 / Part 4 / Section 31-15-407
31-15-407. Statewide policy to prevent the operation of illicit massage businesses - backgr
Status: in_force

31-15-407. Statewide policy to prevent the operation of illicit massage businesses - background checks required - legislative declaration. (1) The general assembly finds and declares that because preventing the operation of illicit massage businesses, as defined in section 30-15-401.4, is a matter of statewide concern and licensing and regulation of massage facilities is a matter of mixed statewide and local concern, it is necessary, appropriate, and in the best interest of all Coloradans to require, uniformly throughout the state as a matter of statewide policy, that every current and prospective operator, owner, and employee of a massage facility submit to a background check, as defined in section 30-15-401.4 (2)(a.5), which generally means a fingerprint-based criminal history record check as required by section 30-15-401.4.

(2) In accordance with section 30-15-401.4 (3.5) and subject to the exception set forth in section 30-15-401.4 (3)(c), every statutory or home rule municipality shall establish a local process to ensure that required background checks are conducted in accordance with the requirements of section 30-15-401.4.
C.R.S. § 31-2-201 — CO Code / Title 31 / Article 2 / Part 2 / Section 31-2-201
31-2-201. Short title
Status: in_force

31-2-201. Short title. This part 2 shall be known and may be cited as the "Municipal Home Rule Act of 1971".
C.R.S. § 31-25-607 — CO Code / Title 31 / Article 25 / Part 6 / Section 31-25-607
31-25-607. Hearing - dismissal - findings - declaration - when action barred
Status: in_force

31-25-607. Hearing - dismissal - findings - declaration - when action barred. (1) On the day fixed for such hearing or at any adjournment thereof or, if the hearing is waived under subsection (3.5) of this section, at any meeting at which an ordinance creating a district is considered, the governing body shall ascertain from the tax rolls of the counties in which the district is located, from the last official registration list and from such other evidence which may be adduced, the total number of electors of the district and the total valuation for assessment of the real and personal property therein.

(2) If it appears that said petition is not signed by at least the number of electors required under section 31-25-604 (1) or if it is shown that the proposed improvement or service will not confer a general benefit on the district or that the cost of the improvement or service would be excessive as compared with the value of the property in the district, the governing body shall dismiss the petition and adjudge the cost against those executing the bond filed to pay such costs. No appeal or other remedy shall lie from an order dismissing said proceeding. Nothing in this section shall prevent the filing of subsequent petitions for similar improvements or services or for a similar district. The right so to renew such proceeding is hereby expressly granted and authorized.

(3) The finding of the governing body upon the question of the genuineness of the signatures and all matters of fact incident to such determination shall be final and conclusive on all parties in interest, whether appearing or not.

(3.5) If the petition for organizing a district is signed by one hundred percent of the owners of taxable real property to be included in the district and contains a request for such waiver, the governing body may, at its discretion, waive all or any of the requirements for notice, publication, and a hearing set forth in this section and in section 31-25-606.

(4) (a) Upon the hearing if required, or without a hearing pursuant to subsection (3.5) of this section, if it appears that a petition for the organization of a district has been duly signed and presented in conformity with this part 6 and that the allegations of the petition are true, the governing body, by ordinance duly adopted and made effective, shall adjudicate all questions of jurisdiction and may order that the question of the organization of the district and such other matters as the governing body deems appropriate including, but not limited to, the issuance of bonds or other matters for which voter approval is required under section 20 of article X of the Colorado constitution, be submitted to the electors at an election to be held for that purpose in accordance with the provisions of articles 1 to 13 of title 1, C.R.S., or article 10 of this title. Unless provided otherwise in section 20 of article X of the Colorado constitution, such election may be held either at a special election held not less than sixty days but not more than one hundred eighty days after the governing body adopts the ordinance or in conjunction with a regular municipal election, general election, ballot issue, or ballot question election.

(b) At an election held under paragraph (a) of this subsection (4), the electors of the district shall vote for or against the organization of the district and such other matters as the governing body deems appropriate including, but not limited to, the issuance of bonds or matters for which voter approval is required under section 20 of article X of the Colorado constitution. If a majority of the votes cast at the election are in favor of the organization, the governing body shall adopt an ordinance declaring the district organized.

(c) If a petition filed with the governing body complies with subsection (3.5) of this section, the governing body may adopt an ordinance declaring the district organized without any notice, hearing, election, or filing of a bond.

(d) If the governing body adopts an ordinance in accordance with paragraph (b) or (c) of this subsection (4), the governing body shall give the district the corporate name specified in the petition by which, in all proceedings, it shall thereafter be known. The district shall be a public or quasi-municipal subdivision of this state and a body corporate with the limited proprietary powers set forth in this part 6.

(e) Nothing in this subsection (4) authorizes a governing body to waive an election otherwise required under section 20 of article X and section 6 of article XI of the Colorado constitution or to hold an election inconsistent with the election requirements in said section 20.

(5) If an ordinance is adopted establishing the district, such ordinance shall finally and conclusively establish the regular organization of the district against all persons unless an action attacking the validity of the organization is commenced in a court of competent jurisdiction within thirty days after the adoption of such ordinance. Thereafter, any such action shall be perpetually barred. The organization of said district shall not be directly or collaterally questioned in any suit, action, or proceeding.
C.R.S. § 31-25-518 — CO Code / Title 31 / Article 25 / Part 5 / Section 31-25-518
31-25-518. Provisions to be inserted
Status: in_force

31-25-518. Provisions to be inserted. Every contract shall provide that it is subject to the provisions of the laws under which the municipality exists and of the ordinance authorizing the improvement; that the aggregate payment thereon shall not exceed the amount appropriated; that, upon ten days' written notice by the mayor to the contractor, the work under such contract, without cost or claim against the municipality, may be suspended for substantial cause; and that, upon complaint by any owner of land to be assessed for the improvement that the improvement is not being constructed in accordance with the contract, the governing body may consider the complaint and make such order in the premises as shall be just. Such order shall be final.
C.R.S. § 31-10-605 — CO Code / Title 31 / Article 10 / Part 6 / Section 31-10-605
31-10-605. Judge to keep pollbook
Status: in_force

31-10-605. Judge to keep pollbook. A judge of election shall keep a pollbook, which shall contain one column headed "names of voters" and one column headed "number on ballot". The name and number on the ballot of each registered elector voting shall be entered in regular succession under the headings in the pollbook.
C.R.S. § 31-10-1530 — CO Code / Title 31 / Article 10 / Part 15 / Section 31-10-1530
31-10-1530. Altering posted abstract of votes
Status: in_force

31-10-1530. Altering posted abstract of votes. Any person who defaces, mutilates, alters, or unlawfully removes the abstract of votes posted outside of a polling place commits a class 2 misdemeanor.
C.R.S. § 31-21-104 — CO Code / Title 31 / Article 21 / Part 1 / Section 31-21-104
31-21-104. Ordinance - form and maturity of bonds
Status: in_force

31-21-104. Ordinance - form and maturity of bonds. (1) If the governing body determines to issue funding bonds for the purpose of paying and discharging any valid and subsisting judgment against the municipality or if, upon canvassing the vote cast at any election held under the provisions of this part 1, it is determined by the governing body that a majority of the votes cast upon the question submitted are for funding, the governing body shall make such determination a part of the official records of the municipality, and the governing body shall immediately thereafter adopt and make a law of the municipality an ordinance which shall not be subject to the referendum provisions of any law providing for the issue of said funding bonds in accordance with the provisions of this part 1. Such ordinance shall fix the date of said funding bonds, shall designate the denominations thereof, the rate of interest, the maturity date which shall not be more than twenty-five years from the date of said funding bonds, the place of payment, within or without the state of Colorado, of both principal and interest, and shall prescribe the form of said funding bonds.

(2) Such funding bonds shall be negotiable in form, shall recite the title of the act under which they are issued, and shall be executed in the name of the municipality, signed by the mayor, countersigned by the treasurer, with the seal of the municipality affixed thereto, and attested by the clerk. The interest accruing on such funding bonds shall be evidenced by interest coupons attached bearing the engraved facsimile signature of the treasurer of the municipality. When so executed, such coupons shall be the binding obligations of the municipality according to their import. In the adoption of said ordinance providing for the issue of such funding bonds, the governing body shall make the principal of the debt payable in substantially equal annual installments during the period, not exceeding twenty-five years, within which the debt is to be discharged. The date of the maturity of the first installment of the debt shall not be more than five years from the date of said funding bonds.
C.R.S. § 31-16-204 — CO Code / Title 31 / Article 16 / Part 2 / Section 31-16-204
31-16-204. Adopting ordinance - adoption of penalty clauses by reference prohibited
Status: in_force

31-16-204. Adopting ordinance - adoption of penalty clauses by reference prohibited. After the hearing, the governing body may amend, adopt, or reject the adopting ordinance in the same manner in which it is empowered to act in the case of other ordinances; but nothing in this part 2 shall permit the adoption by reference of any penalty clauses which may appear in any code which is adopted by reference. Any such penalty clauses may be enacted only if set forth in full and published in the adopting ordinance. All changes or additions to any code made by the governing body shall be published in the manner which is required for ordinances; except that changes or additions which are not substantive in nature made in connection with any codification or compilation of existing ordinances of the adopting municipality may be posted at the municipal offices in lieu of publication of such changes or additions.
C.R.S. § 31-20-101 — CO Code / Title 31 / Article 20 / Part 1 / Section 31-20-101
31-20-101. Power to levy taxes - on what property
Status: in_force

31-20-101. Power to levy taxes - on what property. The governing body of any municipality has the power to levy taxes, the same kinds and classes, upon taxable property, real, personal, and mixed, within the municipal limits as are subject to taxation for state or county purposes in accordance with the laws of this state.
C.R.S. § 31-25-1224 — CO Code / Title 31 / Article 25 / Part 12 / Section 31-25-1224
31-25-1224. Confirmation of contract proceedings
Status: in_force

31-25-1224. Confirmation of contract proceedings. (1) In its discretion, the board may file a petition at any time in the district court in and for any county in which the district is located, praying for a judicial examination and determination of any power conferred, or of any securities issued or merely authorized to be issued, or of any taxes, assessments, or service charges levied or otherwise made or contracted to be levied or otherwise made, or of any other act, proceeding, or contract of the district, whether or not such act, proceeding, or contract has been taken or executed, including proposed contracts for any improvement, proposed securities of the district to defray wholly or in part the cost of the project, and the proposed acquisition, improvement, equipment, maintenance, operation, or disposal of any property pertaining thereto (or any combination thereof).

(2) Such petition shall:

(a) Set forth the facts whereon the validity of such power, securities, taxes, assessments, charges, act, proceeding, or contract is founded; and

(b) Be verified by the presiding officer of the district.

(3) Such action shall be in the nature of a proceeding in rem, and jurisdiction of all parties interested may be had by publication and posting, as provided in this part 12.

(4) Notice of the filing of the petition shall be given by the clerk of the court, under the seal thereof, stating in brief outline the contents of the petition and showing where a full copy of any proceeding or contract therein mentioned may be examined.

(5) The notice shall be served:

(a) By publication at least once a week for five consecutive weeks by five weekly insertions in a newspaper of general circulation in the municipality in which the district is located;

(b) By posting in the office of the district at least thirty days prior to the date fixed in the notice for the hearing on the petition.

(6) Jurisdiction shall be complete after such publication and posting.

(7) Any owner of property within the boundaries of the district or any other person interested in the proceeding or contract or proposed proceeding or proposed contract or in the premises may appear and move to dismiss or answer the petition no less than five days prior to the date fixed for the hearing or within such further time as may be allowed by the court. The petition shall be taken as confessed by all persons who fail so to appear.

(8) The petition and notice shall be sufficient to give the court jurisdiction, and, upon hearing, the court shall examine into and determine all matters and things affecting the question submitted, shall make such findings with reference thereto, and shall render such judgment and decree thereon as the case warrants.

(9) Costs may be divided or apportioned among any contesting parties in the discretion of the trial court.

(10) Review of the judgment of the court may be had as in other similar cases; except that such review shall be applied for within thirty days after the time of the rendition of such judgment or within such additional time as may be allowed by the court within thirty days.

(11) The Colorado rules of civil procedure shall govern in matters of pleading and practice where not otherwise specified in this part 12.

(12) The court shall disregard any error, irregularity, or omission which does not affect the substantial rights of the parties.

(13) All cases in which there may arise a question of the validity of any matter provided for under this section shall be advanced as a matter of immediate public interest and concern and shall be heard at the earliest practicable moment.
C.R.S. § 31-11-106 — CO Code / Title 31 / Article 11 / Section 31-11-106
31-11-106. Form of petition sections
Status: in_force

31-11-106. Form of petition sections. (1) Each petition section shall be printed in a form consistent with the requirements of this article. No petition section shall be printed or circulated unless the form and the first printer's proof of the petition section have first been approved by the clerk. The clerk shall approve or reject the form and the first printer's proof of the petition no later than five business days following the date on which the clerk received such material. The clerk shall assure that the petition section contains only those elements required by this article and contains no extraneous material. The clerk may reject a petition or a section of a petition on the grounds that the petition or a section of the petition does not propose municipal legislation pursuant to section 1 (9) of article V of the state constitution.

(2) Each petition section shall designate by name and mailing address two persons who shall represent the proponents thereof in all matters affecting the petition and to whom all notices or information concerning the petition shall be mailed.

(3) (a) At the top of each page of every initiative or referendum petition section, the following shall be printed, in a form as prescribed by the clerk:

WARNING:

IT IS AGAINST THE LAW:

For anyone to sign any initiative or referendum petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to knowingly sign a petition when not a registered elector who is eligible to vote on the measure.

DO NOT SIGN THIS PETITION UNLESS YOU ARE A

REGISTERED ELECTOR

AND ELIGIBLE TO VOTE ON THIS MEASURE.

TO BE A REGISTERED ELECTOR,

YOU MUST BE A CITIZEN OF COLORADO

AND REGISTERED TO VOTE.

Do not sign this petition unless you have read or have had read to you the proposed initiative or referred measure or the summary in its entirety and understand its meaning.

(b) A summary of the proposed initiative or ordinance that is the subject of a referendum petition shall be printed following the warning on each page of a petition section. The summary shall be true and impartial and shall not be an argument, or likely to create prejudice, either for or against the measure. The summary shall be prepared by the clerk.

(c) The full text of the proposed initiated measure or ordinance that is the subject of a referendum petition shall be printed following the summary on the first page or pages of the petition section that precede the signature page. Notwithstanding the requirement of paragraph (a) of this subsection (3), if the text of the proposed initiated measure or ordinance requires more than one page of a petition section, the warning and summary need not appear at the top of other than the initial text page.

(d) The signature pages shall consist of the warning and the summary, followed by ruled lines numbered consecutively for registered electors' signatures. If a petition section contains multiple signature pages, all signature lines shall be numbered consecutively, from the first signature page through the last. The signature pages shall follow the page or pages on which the full text of the proposed initiated measure or ordinance that is the subject of the referendum petition is printed.

(e) (I) Following the signature pages of each petition section, there shall be attached a signed, notarized, and dated affidavit executed by the person who circulated the petition section, which shall include the following:

(A) The affiant's printed name, the address at which the affiant resides, including the street name and number, the municipality, the county, and the date the affiant signed the affidavit;

(B) That the affiant has read and understands the laws governing the circulation of petition;

(C) That the affiant was eighteen years of age or older at the time the section of the petition was circulated and signed by the listed electors;

(D) That the affiant circulated the section of the petition;

(E) That each signature thereon was affixed in the affiant's presence;

(F) That each signature thereon is the signature of the person whose name it purports to be;

(G) That, to the best of the affiant's knowledge and belief, each of the persons signing the petition section was, at the time of signing, a registered elector; and

(H) That the affiant has not paid or will not in the future pay and that the affiant believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing such signer to affix the signer's signature to the petition.

(II) The clerk shall not accept for filing any section of a petition that does not have attached thereto the notarized affidavit required by subparagraph (I) of this paragraph (e). Any disassembly of a section of the petition that has the effect of separating the affidavit from the signature page or pages shall render that section of the petition invalid and of no force and effect.

(III) Any signature added to a section of a petition after the affidavit has been executed shall be invalid.

(4) All sections of any petition shall be prenumbered serially.

(5) Any petition section that fails to conform to the requirements of this article or that is circulated in a manner other than that permitted by this article shall be invalid.
C.R.S. § 31-25-541 — CO Code / Title 31 / Article 25 / Part 5 / Section 31-25-541
31-25-541. Interim warrants
Status: in_force

31-25-541. Interim warrants. The governing body, from time to time as work proceeds in a local improvement district, may authorize the issuance of interim warrants: For not to exceed ninety percent in value of the work theretofore done upon estimates of the engineer of the municipality; after completion of the work and acceptance thereof by the engineer of the municipality and by the governing body, for one hundred percent of the value of the work so completed; and, where improvements in the district require the acquisition of property, for an amount not exceeding the value of the property. The warrants may be issued to a contractor to apply at par value on the contract price for the improvements or to the owner of the property to apply at par value on the property price. The warrants may also be issued and sold at not less than par value in such manner as the governing body may determine, and the proceeds may be used to apply towards payment of the contract price and property price. Interim warrants shall bear interest from date of issue until paid at such rate as may be fixed by the governing body. Interest accruing on interim warrants shall be included as a cost of the improvements in the local improvement district. Interim warrants and interest thereon shall be paid by the issuance of or by proceeds from the sale of special improvement bonds issued or in cash received from the payment of assessments not pledged to the payment of the bonds or from any of such sources.
C.R.S. § 31-25-529 — CO Code / Title 31 / Article 25 / Part 5 / Section 31-25-529
31-25-529. Effect of payment in installments
Status: in_force

31-25-529. Effect of payment in installments. Failure to pay the whole assessment within said period of thirty days shall be conclusively considered to be an election on the part of all persons interested, whether under disability or otherwise, to pay in installments. All persons so electing to pay in installments shall be conclusively considered to have consented to said improvements. Such election shall be conclusively considered to be a waiver of any right to question the power or jurisdiction of the municipality to construct the improvements, the quality of the work, the regularity or sufficiency of the proceedings, the validity or the correctness of the assessments, or the validity of the lien thereof; except that, with respect to local improvements authorized in section 31-25-502 (2), the owner for each property included in the district shall retain all rights otherwise existing by contract or by law against parties other than the county with respect to the financed energy efficiency improvement or renewable energy improvement.
C.R.S. § 31-10-1001 — CO Code / Title 31 / Article 10 / Part 10 / Section 31-10-1001
31-10-1001. When absent electors may vote
Status: in_force

31-10-1001. When absent electors may vote. Any registered elector of a municipality may cast a ballot at the election in the manner provided in sections 31-10-1001 to 31-10-1007.
C.R.S. § 31-25-511 — CO Code / Title 31 / Article 25 / Part 5 / Section 31-25-511
31-25-511. Property of irregular form - assessment
Status: in_force

31-25-511. Property of irregular form - assessment. When any lot or parcel of land is V-shaped or of any irregular form, such allowance may be made by ordinance in any assessment as may be equitable and just, or any allowance may be refused, and, in case of any unusual area or proportion of intersections, the municipality may pay not exceeding one-half of the cost of any such intersection, and in such case the remainder only shall be assessed against the property improved.
C.R.S. § 31-15-602 — CO Code / Title 31 / Article 15 / Part 6 / Section 31-15-602
31-15-602. Energy efficient building codes - legislative declaration - definitions - repeal
Status: repealed

31-15-602. Energy efficient building codes - legislative declaration - definitions - repeal. (1) The general assembly hereby finds and declares that there is statewide interest in requiring an effective energy efficient building code for the following reasons:

(a) Excessive energy consumption creates effects beyond the boundaries of the local government within which the energy is consumed because the production of power occurs in centralized locations.

(b) Air pollutant emissions from energy consumption affects the health of the citizens throughout Colorado.

(c) The strain on the grid from peak electric power demands is not confined to jurisdictional boundaries.

(d) There is statewide interest in the reliability of the electrical grid and an adequate supply of heating oil and natural gas.

(e) Controlling energy costs for residents and businesses furthers a statewide interest in a strong economy and reducing the cost of housing in Colorado.

(f) More recent energy codes are more effective at ensuring building durability and structural integrity and protecting public health and safety through better:

(I) Moisture management to prevent mold, mildew, and rot;

(II) Airflow management; and

(III) Protection during severe weather.

(g) More recent energy codes incorporate newer building technologies, techniques, and materials and offer more options for builders.

(h) Businesses and residents in low-income communities and rural areas of the state deserve at least the same durability, health and safety, and energy cost savings from energy efficient buildings as those in wealthier, urban, and suburban areas of the state.

(i) Highly energy efficient homes and buildings can reduce energy use and help consumers save money on energy bills.

(j) Highly energy efficient and low carbon new homes and buildings are critical for meeting the greenhouse gas pollution reduction targets established in section 25-7-102 (2)(g).

(2) As used in this section, unless the context otherwise requires:

(a) "Building code" means regulations related to energy performance, electrical systems, mechanical systems, plumbing systems, or other elements of residential or commercial buildings.

(a.5) "Colorado plumbing code" has the meaning set forth in section 12-155-103 (5).

(a.8) "Elevator and escalator code" means the rules adopted in accordance with section 9-5.5-112.

(b) "Energy code" means a subset of building codes related to the total energy performance and carbon emissions of residential and commercial buildings.

(b.5) "International energy conservation code" means the energy code published by the international code council or a successor organization.

(b.8) "National electrical code" has the meaning set forth in section 12-115-103 (8).

(c) "Office" means the Colorado energy office created in section 24-38.5-101, C.R.S.

(3) The governing body of any municipality that has adopted and enforced one or more building codes, or that adopts and enforces one or more building codes after July 1, 2022, shall adopt and enforce an energy code that applies to the construction of, and major renovations and additions to, all commercial and residential buildings as required by the energy code in the municipality to which the building code applies.

(3.5) (a) The governing body of a municipality that has adopted and enforced one or more building codes, and that updates one or more building codes on or after July 1, 2023, and before July 1, 2026, shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5) at the same time other building codes are updated.

(b) The governing body of a municipality that has adopted and enforced one or more building codes, and that updates one or more building codes on or after July 1, 2026, shall adopt and begin enforcing an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (6) at the same time other building codes are updated.

(c) When adopting or updating a building code prior to July 1, 2023, the governing body of a municipality shall adopt and enforce an energy code that achieves equivalent or better energy performance than one of the three most recent editions of the international energy conservation code.

(d) Notwithstanding the timing requirement of subsection (3.5)(a) of this section, a governing body of a municipality may comply with subsection (3.5)(a) of this section when the body adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code, or by June 30, 2026, whichever is earlier, if:

(I) The governing body of the municipality adopts or updates:

(A) The national electrical code by reference when adopted or updated by the state electrical board;

(B) The elevator and escalator code by reference when adopted or updated by the director of the division of oil and public safety within the department of labor and employment; or

(C) The Colorado plumbing code by reference when adopted or updated by the state plumbing board; and

(II) The adoption or update of the national electrical code, the elevator and escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.

(e) Notwithstanding the timing requirement of subsection (3.5)(b) of this section, a governing body of a municipality may comply with subsection (3.5)(b) of this section when the body adopts one or more building codes other than the national electrical code, the elevator and escalator code, and the Colorado plumbing code, or by June 30, 2030, whichever is earlier, if:

(I) The governing body of a municipality adopts or updates:

(A) The national electrical code by reference when adopted or updated by the state electrical board;

(B) The elevator and escalator code by reference when adopted or updated by the director of the division of oil and public safety within the department of labor and employment; or

(C) The Colorado plumbing code by reference when adopted or updated by the state plumbing board; and

(II) The adoption or update of the national electrical code, the elevator and escalator code, or the Colorado plumbing code occurs on a timing cycle different from the scheduled adoption or update of one or more building codes other than the national electrical code, the elevator and escalator code, or the Colorado plumbing code.

(4) (a) Repealed.

(b) (I) (A) Except as otherwise provided in this section, the aggregate of all charges or other related or associated fees a municipality shall impose or assess to install an active solar electric or solar thermal device or system or a geothermal energy system shall not exceed the lesser of the municipality's actual costs in issuing the permit or five hundred dollars for a residential application or one thousand dollars for a nonresidential application if the device or system produces fewer than two megawatts of direct current electricity or an equivalent-sized thermal energy system, or that exceed the municipality's actual costs in issuing the permit if the device or system produces at least two megawatts of direct current electricity or an equivalent-sized thermal energy system. A municipality may increase its fees or other charges as authorized by this subsection (4)(b)(I) by no more than five percent on an annual basis until the five hundred dollar limitation specified in this subsection (4)(b)(I) is achieved. The municipality shall clearly and individually identify all fees and taxes assessed on an application subject to this subsection (4)(b)(I) on the invoice. The general assembly hereby finds that there is a statewide need for certainty regarding the fees that can be assessed for permitting such devices or systems, and therefore declares that this subsection (4)(b) is a matter of statewide concern.

(B) In the case of a nonresidential application, on an individual installation basis only, if the municipality incurs actual costs for issuing the permit that are greater than one thousand dollars, the municipality is entitled to recovery of its actual costs for issuing the permit by submitting in writing and disclosing to the applicant for the particular permit proof of the municipality's actual costs.

(C) As used in this subsection (4)(b)(I), "active solar energy system" means a single system that contains electric generation, a thermal device, or is an energy storage system as defined in section 40-2-202 (2), and "geothermal energy system" means a system that uses geothermal energy for water heating or space heating or cooling in a single building, for space heating for more than one building through a pipeline network, or for electricity generation.

(II) This subsection (4)(b) is repealed, effective December 31, 2029.

(5) The following buildings are exempt from subsections (3), (3.5), and (4) of this section:

(a) Any building that is otherwise exempt from the provisions of the building code adopted by the governing body of the municipality in which the building is located and buildings that do not contain a conditioned space;

(b) Any building that does not use either electricity or fossil fuels for comfort heating. A building will be presumed to be heated by electricity even in the absence of equipment used for electric comfort heating if the building is provided with electrical service in excess of one hundred amps, unless the code enforcement official of the municipality determines that the electrical service is necessary for a purpose other than for providing electric comfort heating.

(c) Historic buildings that are listed on the national register of historic places or Colorado state register of historic properties and buildings that have been designated as historically significant or that have been deemed eligible for designation by a local governing body that is authorized to make such designations; and

(d) Any building that is exempt pursuant to the energy code.

(6) Notwithstanding any other provisions of this section, the governing body of any municipality that is required to adopt an energy code may make any amendments to the energy code that the governing body deems appropriate for local conditions, so long as the amendments do not decrease the effectiveness of the energy code.

(7) (a) The office shall ensure that information explaining the requirements of the energy code and describing acceptable methods of compliance is available to builders, designers, engineers, and architects.

(b) The office shall provide the governing body of any municipality with technical assistance concerning the implementation and enforcement of the energy code.

(8) Nothing in this section restricts the ability of an investor-owned utility with approval from the public utilities commission to:

(a) Provide incentives or other energy efficiency program services to help the governing body of any municipality or builders comply with the requirements of this section; or

(b) Earn shareholder incentives and claim credits towards its regulatory requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the governing body of any municipality or builders comply with the requirements of this section.

(9) A utility not subject to regulation by the public utilities commission may provide incentives or other energy efficiency program services as they so choose to assist the governing body of any municipality or any builders in complying with the requirements of this section.

(10) (a) A utility may count mass-based emissions reductions associated with the requirements of this section towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.

(b) A utility subject to regulation by the public utilities commission shall not count energy savings or greenhouse gas emissions reductions achieved through the requirements of this section for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.
C.R.S. § 31-35-412 — CO Code / Title 31 / Article 35 / Part 4 / Section 31-35-412
31-35-412. Refunding bonds
Status: in_force

31-35-412. Refunding bonds. (1) Any bonds issued for any refunding purpose authorized in section 31-35-402 (1)(j) may either be delivered in exchange for the outstanding bonds authorized to be refunded or may be sold as provided for in section 31-35-404.

(2) No bonds may be refunded under this part 4 unless they either mature or are callable for prior redemption under their terms within fifteen years from the date of issuance of the refunding bonds or unless the holders thereof voluntarily surrender them for exchange or payment. The final maturity of the bonds refunded may not be extended over fifteen years. The rates of interest on such refunding bonds shall be determined by the governing body. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds by such amount or amounts as are useful to effect the refunding if the aggregate principal and interest costs of the refunding bonds for the period ending on the scheduled final maturity date of the bonds refunded, without regard to any redemptions that may be made prior to such scheduled maturity date, do not exceed such unaccrued costs of the bonds refunded for the same time period, excluding from the computation of the aggregate principal and interest cost of the refunding bonds the amount of the principal of any refunding bonds issued to pay any interest in arrears or about to become due on the bonds refunded and to pay any interest on the refunding bonds.

(3) The proceeds of refunding bonds shall either be immediately applied to the retirement of the bonds to be refunded or be placed in escrow to be applied to the payment of the bonds upon their presentation therefor. Any escrowed proceeds, pending such use, may be invested or reinvested in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S. Such escrowed proceeds and investments, together with any interest to be derived from any such investment, shall be in an amount at all times sufficient to pay the bonds refunded as they become due at their respective maturities or due at prior redemption dates, as to principal, interest, any prior redemption premium due, and any charges of the escrow agent payable therefrom.

(4) Refunding revenue bonds may be made payable from any revenues derived from the operation of any water facilities or sewerage facilities or of both water facilities and sewerage facilities comprising a joint water and sewer system, notwithstanding that the pledge of any such revenues for the payment of the outstanding bonds issued by the municipality which are to be refunded is thereby modified.

(5) Bonds for refunding and bonds for any other purpose authorized in this part 4 may be issued separately or issued in combination in one series or more.

(6) Except as expressly provided or necessarily implied in this section and in section 31-35-402 (1)(j), the relevant provisions in this part 4 pertaining to revenue bonds not issued for refunding purposes shall be equally applicable in the authorization and issuance of refunding revenue bonds, including their terms and security, the bond ordinance or resolution, rates, fees, tolls, service charges, and other aspects of the bonds; except that the governing body may include, in determining the amount of the refunding bonds, an amount sufficient to pay interest, which is estimated will accrue on the refunding bonds for a period not exceeding five years from the date of the refunding bonds, and the governing body may pay such interest on the refunding bonds from the proceeds of the refunding bonds.

(7) The determination of the governing body that the limitations under this part 4 imposed upon the issuance of refunding bonds have been met shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion.
C.R.S. § 31-30.5-301 — CO Code / Title 31 / Article 30.5 / Part 3 / Section 31-30.5-301
31-30.5-301. Legislative declaration
Status: in_force

31-30.5-301. Legislative declaration. The general assembly finds and declares that the establishment of statewide actuarial standards regarding funded and unfunded liabilities of state-assisted old hire police officers' and firefighters' pension funds established pursuant to this article is a matter of statewide concern affected with a public interest, and the provisions of this part 3 are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. The general assembly further declares that state moneys provided to municipalities, fire protection districts, and county improvement districts do not constitute an obligation of the state to participate in the costs of pension plan benefits but are provided in recognition that said local governments are currently burdened with financial obligations relating to pensions in excess of their present financial capacities. It is the intent of the general assembly in providing state moneys to assist said local governments that state participation decrease annually, terminating at the earliest possible date.
C.R.S. § 31-10-204 — CO Code / Title 31 / Article 10 / Part 2 / Section 31-10-204
31-10-204. Municipal clerk as deputy county clerk and recorder
Status: in_force

31-10-204. Municipal clerk as deputy county clerk and recorder. Each clerk shall serve as a deputy county clerk and recorder for purposes of registration only in the county in which the clerk's municipality is located. The clerk shall register any qualified elector residing in any precinct in such county who appears in person at the clerk's office at any time during which registration is permitted in the office of the county clerk and recorder. The clerk shall promptly deliver the new registration records to the office of the county clerk and recorder.
C.R.S. § 31-12-705 — CO Code / Title 31 / Article 12 / Part 7 / Section 31-12-705
31-12-705. Land not exempt from prior taxes
Status: in_force

31-12-705. Land not exempt from prior taxes. The land so disconnected shall not be exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the governing body of said town while said land was within the limits thereof and which remains unpaid and for the payment of which said land could be lawfully taxed.
C.R.S. § 31-30.5-212 — CO Code / Title 31 / Article 30.5 / Part 2 / Section 31-30.5-212
31-30.5-212. Qualification requirements - internal revenue code - definitions
Status: in_force

31-30.5-212. Qualification requirements - internal revenue code - definitions. (1) As used in this section, "internal revenue code" means the federal "Internal Revenue Code of 1986", as amended.

(2) Old hire pension plans shall satisfy the qualification requirements specified in section 401 of the internal revenue code, as applicable to governmental plans.

(3) A board, as defined in section 31-30.5-102 (1.5), may adopt any provision for an old hire pension plan that is necessary to comply with the internal revenue code.

(4) (a) The board of directors of the fire and police pension association established by section 31-31-201 may create a master plan document for old hire pension plans and may submit the master plan document to the internal revenue service for a determination of its status as a qualified plan under the internal revenue code. The master plan document shall include provisions necessary to comply with the internal revenue code.

(b) The board of directors of the fire and police pension association established by section 31-31-201 may:

(I) Amend the master plan document as may be necessary to comply with the internal revenue code; and

(II) Require an affiliated board to adopt the master plan document or to obtain internal revenue service approval for its old hire pension plan.

(c) Nothing in this subsection (4) shall preclude an affiliated board from submitting its plan document to the internal revenue service for a determination of its plan document's status as a qualified plan under the internal revenue code.

(5) The old hire pension funds established by this article shall be held in trust for the benefit of old hire members and other persons entitled to benefits. No part of the corpus or income of a pension fund shall be used for or diverted to purposes other than for the exclusive benefit of old hire members or other persons entitled to benefits from the pension fund and for expenses incident to operation of the pension fund. No person shall have any interest in or right to any part of the corpus or earnings of the pension trust except as expressly provided, including assignments for child support purposes as provided for in section 14-14-104, C.R.S., child support arrearages as requested as part of an enforcement action under article 5 of title 14, C.R.S., or child support arrearages that are the subject of enforcement services provided under section 26-13-106, C.R.S., income assignments for child support purposes pursuant to section 14-14-111.5, C.R.S., writs of garnishment that are the result of a judgment taken for arrearages for child support or for child support debt, and payments made in compliance with a properly executed court order approving a written agreement entered into pursuant to section 14-10-113 (6), C.R.S.
C.R.S. § 31-25-707 — CO Code / Title 31 / Article 25 / Part 7 / Section 31-25-707
31-25-707. Joint proceedings
Status: in_force

31-25-707. Joint proceedings. Any number of separate burial spaces or lots and any number of separate owners may be joined in one proceeding under this part 7.
C.R.S. § 31-15-705 — CO Code / Title 31 / Article 15 / Part 7 / Section 31-15-705
31-15-705. Construction of highway - petition - notice - election - tax
Status: in_force

31-15-705. Construction of highway - petition - notice - election - tax. Any municipality may aid in the construction and repair of any highway leading thereto by appropriating a portion of the highway tax belonging to said municipality, not exceeding fifty percent thereof annually, as provided in this section. When a petition signed by twenty of the registered electors of said municipality asking that the question of aiding in the construction or repair of any highway leading thereto be submitted to the registered electors thereof is presented to the governing body, the governing body immediately shall give notice of a special election. Said notice shall specify the date of such election, the particular highway proposed to be aided, and the proportion of the highway tax then levied and not expended or next thereafter to be levied to be appropriated. The election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965". The question on the ballot or voting machine tabs shall be "Appropriation" or "No appropriation". If a majority of the votes polled are for appropriation, the governing body may aid in the construction and repair of said highway to the extent of the appropriation in the same manner as they otherwise would if said highway were within the municipal limits of said municipality. No part of such highway tax shall be expended more than two miles from the limits of such municipality.
C.R.S. § 31-4-503 — CO Code / Title 31 / Article 4 / Part 5 / Section 31-4-503
31-4-503. Petition in sections - signing - affidavit - review - tampering with petition
Status: in_force

31-4-503. Petition in sections - signing - affidavit - review - tampering with petition. (1) A recall petition may be circulated and signed in sections, but each section must contain a full and accurate copy of the title and text of the petition.

(2) (a) Signatures for a recall petition need not all be on one sheet of paper. All recall petitions must be filed in the office of the municipal clerk within sixty days from the date on which the municipal clerk approves the petition as to form.

(b) A recall petition must be signed only by registered electors using their own signatures, after which each such elector shall print or, if the elector is unable to do so, shall cause to be printed the elector's legal name; the residence address of such person, including the street and number, if any, the municipality, and the county; and the date of signing the petition.

(c) To each such petition or section thereof shall be attached an affidavit of the person who circulated the petition stating the affiant's address, that the affiant is eighteen years of age or older, that the affiant circulated the said petition, that the affiant made no misrepresentation of the purpose of such petition to any signer of the petition, that each signature on the petition was affixed in the affiant's presence, that each signature on the petition is the signature of the person whose name it purports to be, that to the best of the knowledge and belief of the affiant each of the persons signing said petition was at the time of signing a registered elector, and that the affiant neither has paid nor shall pay and that the affiant believes that no other person has so paid or shall pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing such signer to sign such petition.

(d) Any disassembly of an entire petition renders the petition invalid and of no force and effect. Any disassembly of a petition section renders that petition section invalid and of no force and effect.

(3) (a) The municipal clerk shall issue a written initial determination that a recall petition is sufficient or not sufficient by the close of business on the fifth business day after the petition is filed or, if that day is not a regular business day, on the first regular business day thereafter, unless a protest has been filed prior to that day. The clerk shall forthwith mail a copy of the written initial determination to the officer sought to be recalled and to the committee. The clerk shall initially deem a petition sufficient if the clerk determines that the petition was timely filed, has attached to it the required affidavits, and was signed by the requisite number of registered electors of the municipality within sixty days following the date upon which the clerk approved the form of the petition. The clerk shall not remove the signature of an elector from a petition after the petition is filed. If a petition is initially determined by the clerk to be not sufficient, the clerk shall identify those portions of the petition that are not sufficient and the reasons for the insufficiency. The clerk's written initial determination is final if no protest is filed as provided in subsection (3)(b) of this section.

(b) A protest in writing under oath may be filed in the office of the municipal clerk by a registered elector of the municipality within fifteen days after the petition is filed setting forth specifically the grounds of the protest. Grounds for protest may include, but are not limited to, the failure of any portion of a petition, circulator affidavit, or petition circulator to meet the requirements of this section. The municipal clerk shall mail a copy of a protest to the officer named in the petition, to the committee named in the petition as representing the signers of the petition, and to the county clerk and recorder, together with a notice fixing a time for hearing the protest that is not less than five nor more than ten days after the notice is mailed. Every hearing must be before the municipal clerk with whom a protest is filed, who shall serve as hearing officer unless some other person is designated by the governing body as the hearing officer, and the testimony in every hearing must be under oath. The hearing officer has the power to issue subpoenas and compel the attendance of witnesses. A hearing is summary and not subject to delay and shall be concluded within thirty days after a petition is filed. No later than five days after the conclusion of a hearing, the hearing officer shall issue a written determination of whether the petition is sufficient or not sufficient. If the hearing officer determines that a petition is not sufficient, the hearing officer shall identify in the written determination those portions of the petition that are not sufficient and the reasons for the insufficiency. The result of a hearing must be forthwith certified to the committee and the officer sought to be recalled.

(c) If a recall petition is determined not sufficient in the clerk's written initial determination or the hearing officer's written determination, the petition may be withdrawn by a majority of the committee and, within fifteen days after a determination that the petition is not sufficient, may be amended by the addition of any required information relating to the signers of the petition or the attachment of proper circulator affidavits and refiled as an original petition; except that any petition amended and refiled as provided in this subsection (3)(c) may not again be withdrawn and refiled. The municipal clerk shall issue a written initial determination that a refiled petition is sufficient or not sufficient within four business days after the petition is filed. The clerk's written initial determination as to a refiled petition will become final if no protest is filed as provided in this subsection (3)(c). Any protest concerning a refiled petition shall be filed within five business days of the date on which the petition was refiled, and any hearing shall be conducted as provided in subsection (3)(b) of this section.

(d) A municipal hearing officer's finding as to the sufficiency of any petition may be reviewed by the district court for the county in which the municipality or portion of the municipality is located upon application of either the officer sought to be recalled or the officer's representative or a majority of the committee, and the review shall be had and determined forthwith. The clerk's written determination is not subject to review unless a protest is filed and determined by a hearing officer in accordance with this section. The sufficiency or the determination of the sufficiency of the petition referred to in this section shall not be held or construed to refer to the grounds assigned in such petition for the recall of the incumbent sought to be recalled from the office by the petition.

(4) When a recall petition is determined sufficient and any review pursuant to subsection (3)(d) of this section is concluded, the municipal clerk shall submit the petition, together with a certificate of its sufficiency, to the governing body of the municipality at the first meeting of the governing body following expiration of the period within which a protest may be filed, at the first meeting of the governing body following the determination of a hearing officer that a petition is sufficient, or at the first meeting of the governing body following the conclusion of any review pursuant to subsection (3)(d) of this section, whichever is later. The governing body shall thereupon order and fix a date for the recall election to be held not less than thirty days nor more than ninety days from the date of submission of the petition to the governing body by the municipal clerk and determine whether voting in the recall election is to take place at the polling place or by mail ballot; but, if a regular election is to be held within one hundred eighty days after the date of submission of said petition, the recall election shall be held as a part of the regular election.

(4.5) A recall election pursuant to this part 5 may only be conducted as part of a coordinated election if the content of the recall election ballot is finally determined by the date for certification of the ballot content for the coordinated election to the county clerk pursuant to section 1-5-203 (3), C.R.S.

(5) Any person who willfully destroys, defaces, mutilates, or suppresses any recall petition or who willfully neglects to file or delays the delivery of the recall petition or who conceals or removes any recall petition 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. § 31-25-304 — CO Code / Title 31 / Article 25 / Part 3 / Section 31-25-304
31-25-304. Conservation trust fund authorized
Status: in_force

31-25-304. Conservation trust fund authorized. Each town in this state, including home rule towns, may create a conservation trust fund as provided in section 29-21-101, C.R.S.
C.R.S. § 31-10-1305 — CO Code / Title 31 / Article 10 / Part 13 / Section 31-10-1305
31-10-1305. Trial and appeals
Status: in_force

31-10-1305. Trial and appeals. Immediately after the joining of issue, the district court shall fix a day for the trial to commence, not more than twenty days nor less than ten days after the joining of issue. Such trial shall take precedence over all other business in said court. The testimony may be oral or by depositions taken before any officer authorized to take depositions. Any depositions taken to be used upon the trial of such contest may be taken upon four days' notice thereof. The district judge shall cause the testimony to be taken in full and filed in said cause. The trial of such causes shall be conducted according to the rules and practice of the district court in other cases. Such proceedings may be reviewed and finally adjudicated by the supreme court of this state if application to such court is made by either party and if the supreme court is willing to assume jurisdiction of the case.
C.R.S. § 31-30-1115 — CO Code / Title 31 / Article 30 / Part 11 / Section 31-30-1115
31-30-1115. Warrants
Status: in_force

31-30-1115. Warrants. (1) Officers of the municipality or district who are designated by law to draw warrants on the treasurer of the municipality or district shall draw warrants thereon upon orders by the board, payable to the board's treasurer for moneys belonging to the fund.

(2) Except as provided in subsection (3) of this section, the board's treasurer shall pay moneys ordered to be paid from the fund to any person only upon warrants signed by the board's president and countersigned by the board's secretary. A warrant shall not be drawn except by the board's order that is duly entered in the records of the board's proceedings.

(3) Fund moneys in noninsured trust pension plans with a bank or trust company shall be paid by the trustee only upon the board's written order that is signed by the board's president, countersigned by the board's secretary, and duly entered in the records of the board's proceedings.
C.R.S. § 31-4-111 — CO Code / Title 31 / Article 4 / Part 1 / Section 31-4-111
31-4-111. City treasurer - powers and duties
Status: in_force

31-4-111. City treasurer - powers and duties. The city treasurer has such powers and shall perform such duties as are prescribed by the statutes of this state and by the ordinances of the city council not inconsistent therewith.
C.R.S. § 31-31-501 — CO Code / Title 31 / Article 31 / Part 5 / Section 31-31-501
31-31-501. Withdrawal into statewide money purchase plan
Status: in_force

31-31-501. Withdrawal into statewide money purchase plan. (1) Any employer may withdraw from its participation in the statewide retirement plan established by article 31.5 of this title 31 for the sole purpose of electing participation in the statewide money purchase plan created pursuant to the authority granted in section 31-31-502.

(2) (a) The employer may initiate withdrawal from the statewide retirement plan by filing with the board a resolution adopted by the employer pursuant to subsection (2)(b) of this section no less than nine months prior to the effective date of withdrawal unless a shorter waiting period is approved by the board. The effective date of withdrawal shall be the first day of the month immediately following the month in which the waiting period expires.

(b) The employer's withdrawal resolution shall be adopted by the governing body of the employer and shall state the employer's intent to withdraw from participation in the statewide retirement plan for the purpose of electing participation in the statewide money purchase plan.

(c) Any withdrawal shall be approved by at least sixty-five percent of all active members employed by the employer who are participating in the statewide retirement plan at the time of the election and who vote in the election proposing the withdrawal.

(d) The board shall promulgate rules relating to standards for disclosure of all ramifications and procedures for obtaining the member approval provided for in subsection (2)(c) of this section.

(e) All withdrawals from the statewide retirement plan shall comply with the requirements set forth in this section, and, except as otherwise provided in this section, all withdrawals meeting such requirements shall be approved by the board. Withdrawal requests that do not meet the requirements of this section shall not be approved by the board.

(3) The rights of benefit recipients and the vested rights of inactive members shall not be impaired or reduced in any manner as a result of the withdrawal of an employer as provided in this section.

(4) (a) (I) The board shall determine the amount of reserves required as of the effective date of withdrawal to maintain current benefits payable by the association to benefit recipients and to preserve the vested rights of inactive members. The amount of reserves shall be determined by the board utilizing certified actuarial reports prepared by the actuary for the statewide retirement plan. Any such actuarial report shall also certify that the employer's withdrawal shall not have an adverse financial impact on the actuarial soundness of the new hire benefits account. If the actuary determines, in accordance with accepted actuarial principles, that the withdrawal will not have an adverse financial impact on the actuarial soundness of the new hire benefits account, the board shall transfer such employer's share of the employer contribution reserve in the new hire benefits account, as determined by the actuary, and all member contributions for the employer's active members to a short-term investment account. If the actuary determines, in accordance with accepted actuarial principles, that the withdrawal shall have an adverse financial impact on the actuarial soundness of the new hire benefits account, the employer shall not be permitted to withdraw.

(II) At least sixty days prior to the effective date of the withdrawal, the actuarial reports shall be updated and appropriate adjustments made to the amount of reserves transferred by the board to the short-term investment account on behalf of the employer if an update is required pursuant to rules adopted by the board. Within thirty days after the receipt of such updated reports, the withdrawal may be terminated by either:

(A) The employer filing with the board a subsequent resolution revoking the employer's resolution of intent to withdraw; or

(B) More than thirty-five percent of the employer's active members who are eligible to vote filing with the board ballots indicating that they no longer wish to withdraw.

(III) If a resolution or a sufficient number of ballots is timely filed with the board pursuant to subparagraph (II) of this paragraph (a), the withdrawal shall be terminated, and the board shall return to the new hire benefits account any amounts transferred to the short-term investment account pursuant to subparagraph (I) of this paragraph (a). If no resolution or an insufficient number of ballots is timely filed, the withdrawal shall proceed in accordance with the provisions of this section.

(IV) The board shall prescribe the form of the ballot to be submitted by members indicating that they no longer wish to withdraw and any other rules necessary for the implementation of this subsection (4).

(b) On the effective date of withdrawal, the actuarial reports prepared pursuant to the provisions of paragraph (a) of this subsection (4) shall be updated to finalize the amount of reserves required for the purposes specified in paragraph (a) of this subsection (4).

(c) Expenses incurred by the board for the actuarial reports prepared as a result of an application for withdrawal shall be paid by the employer making such application.

(d) The board shall provide any information contained in such actuarial reports upon request of the employer making the application for withdrawal.

(5) (a) In the event that the amount of the reserves required pursuant to the provisions of subsection (4) of this section exceeds the amount of the employer's share of the employer contribution reserve in the new hire benefits account as calculated by the actuary, the employer shall make an additional payment no later than ten working days after the effective date of withdrawal in an amount equal to the difference between the amount of reserves required and the amount of reserves on deposit.

(b) In the event that the amount of the reserves on deposit in the new hire benefits account, as calculated by the actuary, for the employer making application for withdrawal, exceeds the amount of reserves required pursuant to the provisions of subsection (4) of this section, such excess amount and the amount required for the transfer of member contributions as provided in subsection (6) of this section shall be transferred to the fire and police members' statewide money purchase plan benefit trust fund on the effective date of withdrawal. Allocation of such amounts to individual member accounts under the statewide money purchase plan shall be made as set forth in section 31-31-502.

(c) The payments required by this section are subject to interest if not submitted when due.

(6) (a) Members who are not vested under the statewide retirement plan and who are employed by an employer who has withdrawn from the statewide retirement plan shall have their member contributions credited to the statewide money purchase pension plan as set forth in section 31-31-502.

(b) (I) Members who are vested under the statewide retirement plan and who are employed by an employer who has filed a resolution of intent to withdraw from the statewide retirement plan may elect that, if the withdrawal becomes effective, their contributions remain with the statewide retirement plan by giving written notice to the association no later than the date established for completion of the member election provided in subsection (2)(c) of this section.

(II) Members who have made such an election shall become inactive statewide retirement plan members entitled to vested benefits upon termination and attainment of vested retirement age.

(III) Members who have made such an election shall not be entitled to withdraw any amounts from their separate retirement account until they have terminated their current employment.

(IV) If members who have made such an election die or become disabled prior to termination of employment, neither they nor their survivors shall be eligible for benefits under the statewide retirement plan, but rather they shall be limited to those benefits provided in sections 31-31-803, 31-31-807, and 31-31-807.5.

(c) Members who do not elect to leave their contributions with the statewide retirement plan pursuant to subsection (6)(b) of this section shall have their member contributions credited to the statewide money purchase pension plan as set forth in section 31-31-502.

(7) The provisions of section 31-31.5-411 (1)(b) that relate to the purchase of service credit forfeited by the refund of member contributions shall not apply to members who are employees of an employer that has withdrawn from the statewide retirement plan. Such service credit forfeited by such withdrawal may be purchased pursuant to the provisions of section 31-31.5-310.
C.R.S. § 31-10-807 — CO Code / Title 31 / Article 10 / Part 8 / Section 31-10-807
31-10-807. Distribution of ballots
Status: in_force

31-10-807. Distribution of ballots. In municipalities using an electronic voting system, the clerk shall distribute to the election judges in the respective precincts a sufficient number of ballots. The ballots shall be sent in one or more sealed packages for each precinct with marks on the outside of each stating clearly the precinct and polling place for which it is intended, together with the number of ballots enclosed. Such package shall be delivered to one of the judges of election of such precinct between the close of business on the Friday preceding election day, or during any earlier day in which a judges' school of instruction is held, and 8 p.m. on the Monday before election day. A receipt for the ballots thus delivered shall be given by the election judge who received them. The receipt shall be filed with the clerk, who shall also keep a record of the time when and the manner in which each of said packages was sent and delivered.
C.R.S. § 31-31.5-308 — CO Code / Title 31 / Article 31.5 / Part 3 / Section 31-31.5-308
31-31.5-308. Increased local voluntary contribution requirements
Status: in_force

31-31.5-308. Increased local voluntary contribution requirements. (1) Active members may make additional after-tax contributions to the money purchase component account under part 5 of this article 31.5. Voluntary member contributions are not subject to the employer pick-up provisions of section 414 (h)(2) of the federal "Internal Revenue Code of 1986", as amended.

(2) Employers may make additional contributions to the money purchase component account under part 5 of this article 31.5 on behalf of members. Employer voluntary contributions vest on the schedule established in section 31-31.5-501.
C.R.S. § 31-10-1506 — CO Code / Title 31 / Article 10 / Part 15 / Section 31-10-1506
31-10-1506. Perjury
Status: in_force

31-10-1506. Perjury. Any person, having taken any oath or made any affirmation required by this article, who swears or affirms willfully, corruptly, and falsely in a matter material to the issue or point in question or suborns any other person to swear or affirm willfully, corruptly, and falsely commits perjury in the second degree or subornation of perjury.
C.R.S. § 31-21-203 — CO Code / Title 31 / Article 21 / Part 2 / Section 31-21-203
31-21-203. Vote of electors not required
Status: in_force

31-21-203. Vote of electors not required. Whenever such governing body deems it expedient to issue refunding bonds under the provisions of this part 2 and the net interest cost and the net effective interest rate of the proposed issue of refunding bonds does not exceed the net interest cost and net effective interest rate of the issue of bonds to be refunded, such refunding bonds may be issued without the submission of the question of issuing such refunding bonds to a vote of the registered electors of such municipality. The issuance of bonds under this part 2 for the purpose of refunding bonds which were originally issued to supply water to such municipality shall not require approval of such electors.
C.R.S. § 31-21-202 — CO Code / Title 31 / Article 21 / Part 2 / Section 31-21-202
31-21-202. Refunding bonds - amount
Status: in_force

31-21-202. Refunding bonds - amount. The governing body of any municipality may issue negotiable coupon bonds, to be denominated refunding bonds, for the purpose of refunding any of the bonded indebtedness of such municipality, whether due or not or which is payable at the option of such municipality, by consent of the bondholders, or by any lawful means. The amount of the refunding bonds to be issued under the provisions of this part 2 shall first be determined by the governing body, and a certificate of such determination shall be made and entered in and upon the records of the municipality prior to the issuance of said refunding bonds.
C.R.S. § 31-25-605 — CO Code / Title 31 / Article 25 / Part 6 / Section 31-25-605
31-25-605. Bond of petitioners
Status: in_force

31-25-605. Bond of petitioners. At the time of filing the petition or at any time prior to the time of hearing on said petition, a bond shall be filed, with security approved by the governing body, or a cash deposit made sufficient to pay all expenses connected with the proceedings in case the organization of the district is not effected. If at any time during the organization proceedings the governing body is satisfied that the bond first executed or the amount of cash deposited is insufficient in amount, it may require the execution of an additional bond or the deposit of additional cash within a time to be fixed, not less than ten days thereafter, and, upon failure of the petitioners to file or deposit the same, the petition shall be dismissed.
C.R.S. § 31-11-104 — CO Code / Title 31 / Article 11 / Section 31-11-104
31-11-104. Ordinances - initiative - conflicting measures
Status: in_force

31-11-104. Ordinances - initiative - conflicting measures. (1) Any proposed ordinance may be submitted to the legislative body of any municipality by filing written notice of the proposed ordinance with the clerk and, within one hundred eighty days after approval of the petition pursuant to section 31-11-106 (1), by filing a petition signed by at least five percent of the registered electors of the city or town on the date of such notice. The proposed ordinance may be adopted without alteration by the legislative body within twenty days following the final determination of petition sufficiency. If vetoed by the mayor, the proposed ordinance may be passed over the mayor's veto within ten days after the veto. If the proposed ordinance is not adopted by the legislative body, the legislative body shall forthwith publish the proposed ordinance as other ordinances are published and shall refer the proposed ordinance, in the form petitioned for, to the registered electors of the municipality 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 shall not take effect unless a majority of the registered electors voting on the measure at the election vote in favor of the measure.

(2) Alternative ordinances may be submitted at the same election, and, if two or more conflicting measures are approved by the people, the one that receives the greatest number of affirmative votes shall be adopted in all particulars as to which there is a conflict.
C.R.S. § 31-25-1204 — CO Code / Title 31 / Article 25 / Part 12 / Section 31-25-1204
31-25-1204. Authority of governing body
Status: in_force

31-25-1204. Authority of governing body. The governing body of every municipality is hereby vested with jurisdiction to create and establish one or more districts within the boundaries of the municipality pursuant to the provisions of this part 12, and such districts shall have all the powers provided in this part 12 which are authorized by the ordinance creating the district, or any amendment to the ordinance, adopted by the governing body. When the approval of the municipality is required by this part 12, such approval shall be given by the governing body or such other board or official of the municipality as may be designated by the charter or ordinances of the municipality unless the approval of the municipality is expressly required by this part 12.
C.R.S. § 31-30-1112 — CO Code / Title 31 / Article 30 / Part 11 / Section 31-30-1112
31-30-1112. State contributions - intent
Status: repealed

31-30-1112. State contributions - intent.

(1) (a) Repealed.

(b) On and after July 1, 2004, the state treasurer shall transfer moneys to the department of local affairs for distribution as provided in this section to assist in funding volunteer firefighter pension plans. The department of local affairs shall distribute moneys for funding volunteer firefighter pension plans affiliated with the fire and police pension association pursuant to section 31-31-705 directly to the fire and police pension association as the administrator of the plan. The association shall credit the transferred moneys to the assets of the plan for which they are transferred.

(2) (a) State contributions to any municipality or district must equal ninety percent of all amounts contributed by the municipality or district under section 31-30-1110 in the previous year, but, notwithstanding any other provision of this part 11, the state contribution shall not exceed one-half mill on the previous net valuation for assessment of the municipality or district assuming one hundred percent collection.

(b) A municipality or district that was contributing an amount necessary to pay volunteer firefighter pensions in excess of three hundred dollars per month shall receive state contributions under paragraph (a) of this subsection (2) in an amount not to exceed one-half mill on the previous net valuation for assessment of the municipality or district assuming one hundred percent collection but based upon the greater of:

(I) The contribution that was actuarially required to pay a pension of three hundred dollars per month in the previous year, as determined by the municipality or district; or

(II) The highest actual contribution received by the municipality or district during the calendar year 1998, 1999, 2000, or 2001, irrespective of whether the state contribution was authorized by law at the time it was made. In the event of a consolidation or merger of two or more municipalities or districts, the sum of the highest actual contribution received by each consolidating or merging municipality or district during the calendar year 1998, 1999, 2000, or 2001 shall be the state contribution of the surviving consolidated or merged entity for the purposes of this subparagraph (II).

(c) and (c.5) (Deleted by amendment, L. 2002, p. 504, § 1, effective July 1, 2002.)

(d) The board in any municipality or district shall not increase benefits above the following amounts unless the increase is approved by the governing body of the municipality or district and an actuarial review indicates a higher payment is actuarially sound:

(I) For volunteer firefighter pensions, three hundred dollars per month;

(II) For a short-term disability monthly annuity pursuant to section 31-30-1121, one hundred fifty dollars per month;

(III) For a retirement pension pursuant to section 31-30-1123, two hundred dollars per month;

(IV) For survivor benefits pursuant to section 31-30-1127, one hundred fifty dollars per month; or

(V) For funeral benefits pursuant to section 31-30-1129, one hundred dollars.

(e) In no event shall a municipality or district receive less than one thousand dollars if the municipality or district contribution to its fund is equal to or greater than one-half mill on the previous net valuation for assessment of the municipality or district.

(f) (Deleted by amendment, L. 2002, p. 504, § 1, effective July 1, 2002.)

(g) The moneys necessary to make the state's contribution under this section shall be derived from the proceeds of the tax imposed by section 10-3-209, C.R.S., as follows:

(I) (A) Repealed.

(B) As of July 1, 2004, the department of local affairs shall be responsible for disbursing the state contribution to each municipality and district. On or before October 31, 2004, and on or before October 31 of each year thereafter, the state treasurer shall transfer the amount necessary to provide contributions equal to the contributions made by the state to each municipality and district during the calendar year 1979 to the department for disbursement to the fund of each municipality or district.

(II) (A) Repealed.

(B) To the extent that the state's contribution under this section exceeds contributions made by the state during the calendar year 1979, the state treasurer shall transfer the excess amounts from the proceeds of the tax imposed by section 10-3-209, C.R.S., to the department of local affairs on or before October 31, 2004, and on or before October 31 of each year thereafter, for disbursement to the municipality or district's funds.

(C) Moneys transferred under this subparagraph (II) shall be separate from and in addition to moneys transferred under section 31-30.5-307 (2) and do not revert to the general fund but are available for the purposes provided in this section.

(h) (I) Repealed.

(II) As of July 1, 2004, the executive director of the department of local affairs or the director's designee shall be responsible for providing the accidental death and disability insurance policy for volunteer firefighters as provided in sections 31-30-1134 and 31-31-202 (4)(d). In addition to any other transfers required by this section, on or before October 31, 2004, and on or before October 31 of each year thereafter, the state treasurer shall transfer from the proceeds of the tax imposed by section 10-3-209, C.R.S., to the department such moneys as may be necessary to pay for the accidental death and disability insurance policy for volunteer firefighters and the administrative costs of providing such policy.

(i) Moneys transferred pursuant to this section shall be included for information purposes in the general appropriation bill or in supplemental appropriation bills to comply with the limitation on state fiscal year spending imposed by section 20 of article X of the state constitution and section 24-77-103, C.R.S.

(j) It is the intent of the general assembly to continually fund volunteer firefighter pension plans.

(3) (a) The department of local affairs shall work with the municipalities and the districts to develop a procedure by which municipalities and districts apply to receive state assistance moneys distributed pursuant to this section. The application procedure must ensure that the department can verify the amount of money to which each municipality and district is entitled before the department transfers funds to the municipalities and districts each year.

(b) The department of local affairs shall work with the joint budget committee to develop a procedure that allows any municipality or district to apply for a late disbursement of moneys in the event that such municipality or district made a good faith effort, but was unable to comply with the application procedure created pursuant to paragraph (a) of this subsection (3) due to a delay in preparing a financial statement or completing a required audit or actuarial study.

(4) (a) The department of local affairs may impose a nonrefundable application fee in an amount to be determined by the department on any municipality or district that applies to the department for state assistance moneys distributed pursuant to this section. The application fee may be on a sliding scale based on the amount of state assistance moneys distributed to each fund pursuant to this section in the previous year.

(b) All revenue collected by the department of local affairs from the fee imposed pursuant to paragraph (a) of this subsection (4) shall be transmitted to the state treasurer who shall credit the revenue to the volunteer fire department application fund, which fund is hereby created in the state treasury. The moneys in the fund shall be continuously appropriated to the department for the purpose of covering the direct costs of administering the distribution of the state contribution moneys pursuant to this section.

(5) The department of local affairs shall have the authority to contract with any entity for the purpose of complying with the requirements of this section.

(6) Repealed.
C.R.S. § 31-2-210 — CO Code / Title 31 / Article 2 / Part 2 / Section 31-2-210
31-2-210. Procedure to amend or repeal charter
Status: repealed

31-2-210. Procedure to amend or repeal charter. (1) Proceedings to amend a home rule charter may be initiated by either of the following methods:

(a) Filing of a petition meeting the following requirements, in the following manner:

(I) The petition process shall be commenced by filing with the clerk a statement of intent to circulate a petition, signed by at least five registered electors of the municipality. The petition shall be circulated for a period not to exceed ninety days from the date of filing of the statement of intent and shall be filed with the clerk before the close of business on the ninetieth day from said date of filing or on the next business day when said ninetieth day is a Saturday, Sunday, or legal holiday.

(II) The petition shall contain the text of the proposed amendment and shall state whether the proposed amendment is sought to be submitted at the next regular election or at a special election. If the amendment is sought to be submitted at a special election, the petition shall state an approximate date for such special election, subject to the provisions of subparagraph (IV) of this paragraph (a) and subsection (4) of this section.

(III) A petition to submit an amendment at the next regular election must be signed by at least five percent of the registered electors of the municipality registered on the date of filing the statement of intent and must be filed with the clerk at least ninety days prior to the date of said regular election.

(IV) A petition to submit an amendment at a special election must be signed by at least ten percent of the registered electors of the municipality registered on the date of filing the statement of intent and must be filed with the clerk at least ninety days prior to the approximate date of the special election stated in the petition.

(b) An ordinance adopted by the governing body submitting the proposed amendment to a vote of the registered electors of the municipality. Such ordinance shall also adopt a ballot title for the proposed amendment.

(2) Proceedings to repeal a home rule charter or to form a new charter commission may be initiated by either of the following methods:

(a) Filing of a petition in the manner prescribed by, and meeting the requirements of, paragraph (a) of subsection (1) of this section; except that:

(I) The petition shall state the proposal to repeal the charter or to form a new charter commission;

(II) The petition must be signed by at least fifteen percent of the registered electors of the municipality, regardless of whether the petition seeks submission of the proposal at a regular or special election; and

(III) If the proposal is for formation of a charter commission, the petition must be filed with the clerk at least ninety days prior to the date of the regular election or the approximate date stated in the petition for a special election, as the case may be.

(b) An ordinance adopted by a two-thirds vote of the governing body submitting the proposed repeal or formation of a charter commission to a vote of the registered electors of the municipality.

(3) The clerk shall, within fifteen working days after the filing of a petition pursuant to paragraph (a) of subsection (1) of this section or paragraph (a) of subsection (2) of this section, certify to the governing body as to the validity and sufficiency of such petition. If the petition is sufficient, the governing body shall set a ballot title for the proposed amendment at its next meeting. If the petition is declared insufficient, such petition may be withdrawn by a majority of the persons representing the registered electors who signed such petition, may be amended or signed by additional registered electors of the municipality in accordance with paragraph (a) of subsection (1) of this section and paragraph (a) of subsection (2) of this section within fifteen days after such insufficiency is declared, and may be refiled as an original petition.

(3.5) If the subject matter of the petition is proposed for submission at a regular or special election that will be coordinated by the county clerk pursuant to section 1-7-116, C.R.S., and the municipal clerk has certified to the governing body that the petition is valid and sufficient, the clerk shall certify the proposed ballot question to the county clerk and recorder sixty days prior to the coordinated election as provided in section 1-5-203 (3), C.R.S., unless the petition has by the sixtieth day been determined to be insufficient pursuant to section 31-2-223. Should the petition be found to be insufficient pursuant to section 31-2-223 following certification to the county clerk and recorder, the election on such question shall be deemed canceled, and any votes cast on the question shall not be counted.

(4) The governing body shall, within thirty days of the date of adoption of the ordinance or the date of filing of the petition (if the same is certified by the clerk to be valid and sufficient), publish notice of an election upon the amendment or proposal, which notice shall contain the full text of the amendment or statement of the proposal as contained in the ordinance or petition. The election shall be held not less than sixty nor more than one hundred twenty days after publication of such notice; except that, if the proposal is for formation of a charter commission, the election shall be held not less than sixty days after publication of such notice. If the amendment or proposal is initiated by petition and is sought to be submitted at a special election, the election shall be held as near as possible to the approximate date stated in the petition, but in any event shall be held within the time limits stated in this subsection (4).

(5) The procedure for the forming and functioning of a new charter commission shall comply as nearly as practicable with sections 31-2-204 to 31-2-207, relating to formation and functioning of an initial charter commission.

(6) If a majority of the registered electors voting thereon vote for a proposed amendment, the amendment shall be deemed approved. If a majority of the registered electors voting thereon vote for repeal of the charter, the charter shall be deemed repealed and the municipality shall proceed to organize and operate pursuant to the statutes applicable to a municipality of its size.
C.R.S. § 31-20-306 — CO Code / Title 31 / Article 20 / Part 3 / Section 31-20-306
31-20-306. Collector to report - annual statement - publication
Status: in_force

31-20-306. Collector to report - annual statement - publication. The collector shall make a written report to the governing body, or any officer designated by it, of all moneys collected by him, the account whereon collected, or of any other matter connected with his office when required by the governing body or by any ordinance of the town or city. He shall also annually, by March 1 after the close of the fiscal year, file with the clerk a statement of all moneys collected by him during the year, the particular warrant, special assessment, or account on which collected, the balance of moneys uncollected on all warrants in his hands, and the balance remaining uncollected at the time of the return on all warrants which he returned during the preceding fiscal year to the clerk. The clerk shall publish or post the same as required to be done by section 31-20-304 in regard to the annual report of the treasurer.
C.R.S. § 31-10-809 — CO Code / Title 31 / Article 10 / Part 8 / Section 31-10-809
31-10-809. Close of polls - count and seals in electronic voting
Status: in_force

31-10-809. Close of polls - count and seals in electronic voting. After the polls have been closed, the election judges shall secure the vote recorders or the voting devices, or both the vote recorders and the voting devices, against further use and prepare a ballot return in duplicate showing the number of voters as indicated by the pollbook who have voted in the precinct, the number of official ballot cards received, and the number of spoiled and unused ballot cards returned. The original copy of said ballot return shall be deposited in a metal or durable plastic transfer box, along with all voted and spoiled ballots. The transfer box shall then be sealed in such a way as to prevent tampering with the box or its contents. The clerk shall provide such a numbered seal. The duplicate copy of said ballot return shall be mailed at the nearest post office or post box to the clerk by a judge other than the one who delivers the transfer box to the counting center. One judge shall deliver the sealed transfer box to the counting center or other place designated by the clerk.
C.R.S. § 31-25-626 — CO Code / Title 31 / Article 25 / Part 6 / Section 31-25-626
31-25-626. Correction of faulty notices
Status: in_force

31-25-626. Correction of faulty notices. In any case where a notice is provided for in this part 6, if the governing body finds for any reason that due notice was not given, the governing body shall not thereby lose jurisdiction and the proceeding in question shall not thereby be void or be abated, but the governing body, in that case, shall order due notice given and shall continue the proceeding until such time as notice is properly given and thereupon shall proceed as though notice had been properly given in the first instance.
C.R.S. § 31-10-506 — CO Code / Title 31 / Article 10 / Part 5 / Section 31-10-506
31-10-506. Election expenses to be paid by municipality
Status: in_force

31-10-506. Election expenses to be paid by municipality. The cost of conducting a municipal election, including the cost of printing and supplies, shall be paid by the municipality in which such election is held.
C.R.S. § 31-35-401 — CO Code / Title 31 / Article 35 / Part 4 / Section 31-35-401
31-35-401. Definitions
Status: in_force

31-35-401. Definitions. As used in this part 4, unless the context otherwise requires:

(1) "Consumer" means any public or private user of water facilities or sewerage facilities or both.

(2) "Governing body" means the body which is in charge of the municipality's water or sanitation facilities, whether or not the same is a "governing body" as defined in part 1 of article 1 of this title.

(3) "Joint system" or "joint water and sewer system" means water facilities and sewerage facilities combined, operated, and maintained as a single public utility and income-producing project.

(4) "Municipality" means a municipality as defined in part 1 of article 1 of this title and includes any quasi-municipal corporation formed principally to acquire, operate, and maintain water facilities or sewerage facilities or both.

(5) "Net effective interest rate" of a proposed issue of bonds means the net interest cost of said issue divided by the sum of the products derived by multiplying the principal amount of such issue maturing on each maturity date by the number of years from the date of said proposed bonds to their respective maturities. "Net interest cost" of a proposed issue of bonds means the total amount of interest to accrue on said bonds from their date of issuance to their respective maturities plus the amount of any discount below par or less the amount of any premium above par at which said bonds are being or have been sold. In all cases the net effective interest rate and net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds.

(6) "Sewerage facilities" means any one or more of the various devices used in the collection, treatment, or disposition of sewage or industrial wastes of a liquid nature or storm, flood, or surface drainage waters, including all inlets; collection, drainage, or disposal lines; intercepting sewers; joint storm and sanitary sewers; sewage disposal plants; outfall sewers; all pumping, power, and other equipment and appurtenances; all extensions, improvements, remodeling, additions, and alterations thereof; and any and all rights or interests in such sewerage facilities.

(7) "Water facilities" means any one or more works and improvements used in and as a part of the collection, treatment, or distribution of water for the beneficial uses and purposes for which the water has been or may be appropriated, including, but not limited to, uses for domestic, municipal, irrigation, power, and industrial purposes and including construction, operation, and maintenance of a system of raw and clear water and distribution storage reservoirs, deep and shallow wells, pumping, ventilating, and gauging stations, inlets, tunnels, flumes, conduits, canals, collection, transmission, and distribution lines, infiltration galleries, hydrants, meters, filtration and treatment plants and works, power plants, all pumping, power, and other equipment and appurtenances, all extensions, improvements, remodeling, additions, and alterations thereof, and any and all rights or interests in such works and improvements; but, no municipality shall construct or acquire facilities for the sale of electric energy or power, except hydroelectric energy or power for sale at wholesale only, without complying with the provisions of section 31-15-707.
C.R.S. § 31-10-614 — CO Code / Title 31 / Article 10 / Part 6 / Section 31-10-614
31-10-614. Delivery of election returns, ballot boxes, and other election papers
Status: in_force

31-10-614. Delivery of election returns, ballot boxes, and other election papers. When all the votes have been read and counted, the election officials selected in accordance with section 31-10-409 shall deliver to the clerk the certificate and statement required by section 31-10-613, the ballot boxes and all keys thereto, and the registration list, pollbooks, tally sheets, spoiled ballots, unused ballots, ballot stubs, oaths, affidavits, and other election papers and supplies. Such delivery shall be made at once and with all convenient speed, and informality in such delivery shall not invalidate the vote of any precinct when delivery has been made previous to the completion of the official abstract of the votes by the canvassers. The clerk shall give his receipt for all such papers so delivered.
C.R.S. § 31-12-604 — CO Code / Title 31 / Article 12 / Part 6 / Section 31-12-604
31-12-604. Lands subject to tax for prior indebtedness
Status: in_force

31-12-604. Lands subject to tax for prior indebtedness. The land so disconnected is not exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the governing body of such city while such land was within the limits thereof and which remains unpaid and for the payment of which said land could be lawfully taxed.
C.R.S. § 31-32-101 — CO Code / Title 31 / Article 32 / Part 1 / Section 31-32-101
31-32-101. Franchise granted by ordinance
Status: in_force

31-32-101. Franchise granted by ordinance. No franchise or license giving or granting to any person the right or privilege to erect, construct, operate, or maintain a street railway, electric light plant or system, gasworks, gas plant or system, geothermal system, solar system, or telegraph or telephone system within any city or town or to use the streets or alleys of a city or town for such purposes shall be granted or given by any city or town in this state in any other manner or form than by an ordinance passed and published in the manner set forth in this part 1.
C.R.S. § 31-35-408 — CO Code / Title 31 / Article 35 / Part 4 / Section 31-35-408
31-35-408. No municipal liability on bonds
Status: in_force

31-35-408. No municipal liability on bonds. Revenue bonds issued under this part 4 shall not constitute an indebtedness of the municipality within the meaning of any constitutional or statutory limitations. Each bond issued under this part 4 shall recite in substance that said bond, including interest thereon, is payable solely from the revenues pledged to the payment thereof and that said bond does not constitute a debt of the municipality within the meaning of any constitutional or statutory limitations.
C.R.S. § 31-4-103 — CO Code / Title 31 / Article 4 / Part 1 / Section 31-4-103
31-4-103. Mayor - vacancy - appointment - mayor pro tem
Status: in_force

31-4-103. Mayor - vacancy - appointment - mayor pro tem. (1) Within thirty days of the mayor's death, disability, resignation, or other vacation of the mayor's office, the city council shall appoint a person possessed of all statutory qualifications or order a special election as soon as practicable to fill the vacancy until the term of office of a successor elected at the next regular election has commenced, as provided in section 31-4-105, and the city council may appoint a registered elector to act as mayor until the special election. The special election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965". If the council lacks a sufficient number of members in office to establish a quorum to choose a successor or order an election, the vacancy shall be filled in the manner provided by section 31-4-108 (3).

(2) The city council may appoint one of their own number acting mayor or mayor pro tem who is entitled to act as mayor in case the mayor is absent from the city or is for any reason temporarily unable to perform the duties of his office.
C.R.S. § 31-35-614 — CO Code / Title 31 / Article 35 / Part 6 / Section 31-35-614
31-35-614. Construction of part 6
Status: in_force

31-35-614. Construction of part 6. Nothing in this part 6 shall be considered as amending or repealing any other power the municipalities may have, but this part 6 confers additional powers of which the municipality may take advantage.
C.R.S. § 31-35-410 — CO Code / Title 31 / Article 35 / Part 4 / Section 31-35-410
31-35-410. Construction of part 4
Status: in_force

31-35-410. Construction of part 4. The powers conferred by this part 4 are in addition and supplemental to and not in substitution for, and the limitations imposed by this part 4 shall not affect, the powers conferred by any other law. Bonds may be issued under this part 4 without regard to the provisions of any other law. The water facilities or sewerage facilities or both may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended, and bonds may be issued under this part 4 for said purposes, notwithstanding that any law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extension for like purposes, and without regard to the requirements, restrictions, debt, or other limitations or other provisions contained in any other law, including, but not limited to, any requirement for any restriction or limitation on the incurring of indebtedness or the issuance of bonds. Insofar as the provisions of this part 4 are inconsistent with the provisions of any other law, the provisions of this part 4 shall be controlling.
C.R.S. § 31-12-703 — CO Code / Title 31 / Article 12 / Part 7 / Section 31-12-703
31-12-703. Petition - contents
Status: in_force

31-12-703. Petition - contents. (1) The petition shall contain the following:

(a) An allegation that such tracts of land contain in the aggregate an area of twenty or more acres of agricultural or farm land upon or adjacent to the border of said town;

(b) An allegation that the petitioners are the owners thereof;

(c) The description of the land;

(d) An allegation that no part of such area has been platted into lots or blocks as a part of or an addition to said town or, if so platted, that such plat has been vacated within a period of three years after the area was included within the boundaries of the town. The time limit provided in this paragraph (d) shall not apply to lands within towns that were incorporated prior to January 1, 1930.

(e) An allegation that all taxes or assessments lawfully due and payable upon said land up to the time of the presentation of said petition are fully paid;

(f) A representation that, for a period of six years after the effective date of disconnection, said tracts will not be subdivided into lots or plots of smaller area than is required during said period for lots within said town adjoining said tracts under the applicable ordinances or regulations of the town from which disconnection is sought and will not be used during said period for industrial or commercial use if during said period the applicable ordinances of the town from which disconnection is sought prohibits such use in the area within said town adjoining such tracts.

(2) Any decree of disconnection entered pursuant to this part 7 shall restrict the use of the land in the manner set forth in paragraph (f) of subsection (1) of this section, but such restrictions shall not continue to apply to any land which, within six years after the effective date of the disconnection, is annexed back into the town.
C.R.S. § 31-30-1109 — CO Code / Title 31 / Article 30 / Part 11 / Section 31-30-1109
31-30-1109. Attorney representation
Status: in_force

31-30-1109. Attorney representation. (1) The attorney for a municipality or district shall:

(a) When required by the board, advise the board on all matters pertaining to the board's duties and management of the fund;

(b) Represent and defend the board in any suit or action at law or in equity brought against the board; and

(c) Bring all suits and actions on the board's behalf as the board requires or requests.

(2) If a conflict between a board and a municipality or district exists, the board may obtain an attorney to represent the board in any action described in this section at the board's expense.
C.R.S. § 31-10-1529 — CO Code / Title 31 / Article 10 / Part 15 / Section 31-10-1529
31-10-1529. Personating elector
Status: in_force

31-10-1529. Personating elector. Any person who falsely personates any registered elector and votes under the name of such elector commits a class 2 misdemeanor.
C.R.S. § 31-10-1104 — CO Code / Title 31 / Article 10 / Part 11 / Section 31-10-1104
31-10-1104. Challenge questions asked voter
Status: repealed

31-10-1104. Challenge questions asked voter. (1) If a person offering to vote is challenged as unqualified, one of the judges shall tender to him the following written oath or affirmation: "You do solemnly swear or affirm that you will fully and truly answer all such questions as are put to you touching your place of residence and qualifications as a registered elector at this election."

(2) If the person is challenged as unqualified on the ground that he is not a citizen and will not exhibit his papers pertaining to his naturalization, the judges, or one of them, shall put the following questions:

(a) "Are you a citizen of the United States?"

(b) "Are you a native or naturalized citizen?"

(c) and (d) Repealed.

(3) Repealed.

(4) If the person is challenged as unqualified on the ground that he or she has not resided in this state for twenty-two days immediately preceding the election, the judges, or one of them, shall put the following questions:

(a) "Have you resided in this state for twenty-two days immediately preceding this election?"

(b) "Have you been absent from this state within the twenty-two days immediately preceding this election, and during that time have you maintained a home or domicile elsewhere?"

(c) "If so, when you left, was it for a temporary purpose with the design of returning, or did you intend to remain away?"

(d) "Did you, while absent, look upon and regard this state as your home?"

(e) "Did you, while absent, vote in any state or territory?"

(5) If the person is challenged on the ground that he or she has not resided in the municipality, one of the judges shall question the person as to his or her residence in a manner similar to the method of questioning a person as to his or her residence in this state.

(6) If the person is challenged as unqualified on the ground that he is not eighteen years of age, the judges, or one of them, shall ask the following question: "Are you eighteen years of age or over to the best of your knowledge and belief?"

(7) If the person challenged answers satisfactorily all of the questions put to him, he shall sign his name on the form of the challenge after the printed questions. The judges of election shall indicate in the proper place on the form of challenge whether the challenge was withdrawn and whether the challenged voter refused to answer the questions and left the polling place without voting.
C.R.S. § 31-23-214 — CO Code / Title 31 / Article 23 / Part 2 / Section 31-23-214
31-23-214. Subdivision regulations
Status: in_force

31-23-214. Subdivision regulations. (1) Before any commission exercises the powers set forth in section 31-23-213, it shall adopt regulations governing the subdivision of land within its jurisdiction and shall publish the same in pamphlet form, which shall be available for public distribution, or, at the election of the commission, the regulations may be published once each week for three consecutive weeks in the official paper of the municipality or county in which such subdivisions, or any part thereof, are located. Such regulations may provide for the proper arrangement of streets in relation to other existing or planned streets and to the master plan, for adequate and convenient open spaces for traffic, utilities, access of fire fighting apparatus, recreation, light, and air, and for the avoidance of congestion of population, including minimum area and width of lots. The regulations may also provide for waivers from subdivision requirements and may establish different requirements applicable to subdivisions of different sizes, densities, or types of dwelling units. In the territory subject to subdivision jurisdiction beyond the municipal limits, the regulations shall provide only for conformance with the major street plan.

(1.5) Subdivision regulations adopted under provisions of this section may protect and assure access to sunlight for solar energy devices by considering in subdivision development plans the use of restrictive covenants or solar easements, height restrictions, side yard and setback requirements, street orientation and width requirements, or other permissible forms of land use controls.

(2) Before the adoption of the regulations referred to in this section, a public hearing shall be held thereon in the municipality. A copy of such regulations shall be certified by the commission to the county clerk and recorders of the counties in which the municipality and territory are located.

(3) Subdivision regulations adopted under provisions of this section shall require that a subdivider, as defined in section 30-28-101 (9), C.R.S., submit to the commission evidence that provision has been made for facility sites, easements, and rights of access for electrical and natural gas utility service sufficient to ensure reliable and adequate electric or, if applicable, natural gas service for any proposed subdivision. Submission of a letter of agreement between the subdivider and utility serving the site shall be deemed sufficient to establish that adequate provision for electric or, if applicable, natural gas service to a proposed subdivision has been made.
C.R.S. § 31-31.5-409 — CO Code / Title 31 / Article 31.5 / Part 4 / Section 31-31.5-409
31-31.5-409. Deferred retirement option plan (DROP)
Status: in_force

31-31.5-409. Deferred retirement option plan (DROP). The board may establish by rule a deferred retirement option plan for vested members who have attained age fifty. The purpose of the DROP is to allow an eligible member to elect, in lieu of immediate termination of employment and receipt of a lifetime retirement benefit, to continue employment for a specified period of time of up to five years and to have the member's otherwise deductible employee contribution and retirement benefits paid into the member's individual account created by section 31-31.5-503 until the end of the specified period of the member's participation, at which time employment ceases.
C.R.S. § 31-4-210 — CO Code / Title 31 / Article 4 / Part 2 / Section 31-4-210
31-4-210. City manager - qualifications - removal
Status: in_force

31-4-210. City manager - qualifications - removal. The city council shall appoint a city manager who shall be the chief administrative officer of the city. The city manager shall be chosen solely on the basis of his executive and administrative qualifications and need not, when appointed, be a resident of the city or of the state. No member of the city council shall be chosen as city manager during his term of office. The city manager shall be appointed for an indefinite term, but he may be removed at the pleasure of the city council for cause. Before the city manager may be removed, he shall be given, if he so demands, a written statement of the reasons alleged for his removal and he has the right to be heard thereon at a public meeting of the council prior to the final vote on the question of his removal. Pending and during such hearing, the city council may suspend him from office. The action of the city council in suspending or removing the city manager shall be final. It is the intent of this part 2 to vest all authority and to fix all responsibility for such suspension or removal in the city council. In case of the absence or disability of the city manager, the city council may designate some qualified person to perform the duties of the office during such absence or disability.
C.R.S. § 31-35-611 — CO Code / Title 31 / Article 35 / Part 6 / Section 31-35-611
31-35-611. Payment of assessments - default - sale
Status: in_force

31-35-611. Payment of assessments - default - sale. The county treasurer shall receive payment of all assessments on the assessment roll, with interest, and, in the case of default in the payment of any installment of principal or interest when due, shall advertise and sell any and all property concerning which such default is suffered for the payment of the whole of the unpaid assessments thereon. The advertisements and sales shall be at the same times, in the same manner, under all the same conditions and penalties, and with the same effect as is provided by general law for sales of real property in default of payment of general and special taxes.
C.R.S. § 31-10-1105 — CO Code / Title 31 / Article 10 / Part 11 / Section 31-10-1105
31-10-1105. Oath of challenged voter
Status: in_force

31-10-1105. Oath of challenged voter. (1) If the challenge is not withdrawn after the person offering to vote has answered the questions put to him or her, one of the judges shall tender the following oath:

"You do solemnly swear or affirm that you are a citizen of the United States of the age of eighteen years or over; that you have been a resident of this state for twenty-two days next preceding this election and have not retained a home or domicile elsewhere; that you are a resident of this municipality; that you are a registered elector of this precinct; and that you have not voted at this election."

(2) After the person has taken the oath or affirmation, his ballot shall be received and the word "sworn" shall be written on the pollbook after the person's name.
C.R.S. § 31-30-1106 — CO Code / Title 31 / Article 30 / Part 11 / Section 31-30-1106
31-30-1106. Board - county improvement district
Status: in_force

31-30-1106. Board - county improvement district. (1) In a county improvement district, the board must consist of the following members:

(a) One county commissioner of the county in which the district is located for a term equal to the commissioner's tenure as county commissioner;

(b) The county treasurer for a term equal to the treasurer's tenure with the county;

(c) Three residents of the county obligated to pay real or personal property taxes who are appointed by the county commissioners for staggered terms determined by the county commissioners; and

(d) Two fire department members for two-year terms.

(2) The treasurer of the fund shall obtain a bond paid from the fund in an amount determined by the board.
C.R.S. § 31-10-806 — CO Code / Title 31 / Article 10 / Part 8 / Section 31-10-806
31-10-806. Ballots
Status: in_force

31-10-806. Ballots. The clerk of each municipality using an electronic voting system shall provide sufficient ballots for every municipal election. The official ballots shall be printed and in the possession of the clerk at least ten days before the election.
C.R.S. § 31-10-1525 — CO Code / Title 31 / Article 10 / Part 15 / Section 31-10-1525
31-10-1525. Corrupt means of influencing vote
Status: in_force

31-10-1525. Corrupt means of influencing vote. If any person, by bribery, menace, or other corrupt means or device whatsoever, either directly or indirectly, attempts to influence any voter of this state in giving the voter's vote or ballot, or deters the voter from giving the same, or disturbs or hinders the voter in the free exercise of the right of suffrage at any municipal election in this state, or fraudulently or deceitfully changes or alters a ballot, such person so offending commits a class 1 misdemeanor.
C.R.S. § 31-20-301 — CO Code / Title 31 / Article 20 / Part 3 / Section 31-20-301
31-20-301. Bond of treasurer - waiver - duties
Status: in_force

31-20-301. Bond of treasurer - waiver - duties. (1) The treasurer shall give a bond to the city or town in its corporate name with good and sufficient sureties, to be approved by vote of the governing body in such sum as it requires, conditioned on the faithful performance of his duties as treasurer of such city or town so long as he shall serve as such treasurer and requiring that, when he vacates such office, he will turn over and deliver to his successor all moneys, books, papers, property, or things belonging to such city or town and remaining in his charge as such treasurer. The governing body of the city or town may waive the requirement of a bond.

(2) The treasurer shall:

(a) Receive all moneys belonging to the city or town and shall keep his books and accounts in such manner as may be prescribed by ordinance. Such books and accounts shall always be subject to the inspection of any member of the governing body.

(b) Keep a separate account of each fund or appropriation and the debits and credits belonging thereto;

(c) Give every person paying money into the treasury a receipt therefor specifying the date of payment and upon what account paid, and he shall also file statements of such receipts with the city or town clerk on the date of his monthly report;

(d) Render an account to the governing body or such officer as may be designated by ordinance, at the end of each month and more often if required, showing the state of the treasury at the date of such account and the balance of money in the treasury. He shall also accompany such accounts with a statement of all moneys received into the treasury and on what account during the preceding month, together with all warrants redeemed and paid by him. Said warrants, with any vouchers held by the treasurer, shall be delivered to the clerk and filed with his account in the clerk's office upon every day of such statement. He shall return all warrants paid by him stamped or marked "paid". He shall keep a register of all warrants redeemed and paid, which shall describe such warrants and show the date, amount, number, the fund from which paid, and the name of the person to whom and when paid.
C.R.S. § 31-11-114 — CO Code / Title 31 / Article 11 / Section 31-11-114
31-11-114. Unlawful acts - penalty
Status: reserved

31-11-114. Unlawful acts - penalty. (1) It is unlawful:

(a) For any person willfully and knowingly to circulate or cause to be circulated or sign or procure to be signed any petition bearing the name, device, or motto of any person, organization, association, league, or political party, or purporting in any way to be endorsed, approved, or submitted by any person, organization, association, league, or political party, without the written consent, approval, and authorization of the person, organization, association, league, or political party;

(b) For any person to sign any name other than his or her own name to any petition or knowingly to sign his or her name more than once for the same measure at one election;

(c) For any person knowingly to sign any petition relating to an initiative or referendum in a municipality who is not a registered elector of that municipality at the time of signing the petition;

(d) For any person to sign any affidavit as circulator without knowing or reasonably believing the statements made in the affidavit to be true;

(e) For any person to certify that an affidavit attached to a petition was subscribed or sworn to before him or her unless it was so subscribed and sworn to before him or her and unless the person so certifying is duly qualified under the laws of this state to administer an oath;

(f) For any officer or person to do willfully, or with another or others conspire, or agree, or confederate to do, any act that hinders, delays, or in any way interferes with the calling, holding, or conducting of any election permitted under the initiative and referendum powers reserved by the people in section 1 of article V of the state constitution or with the registering of electors therefor;

(g) For any officer to do willfully any act that shall confuse or tend to confuse the issues submitted or proposed to be submitted at any election or refuse to submit any petition in the form presented for submission at any election;

(h) For any officer or person to violate willfully any provision of this article.

(2) Any person upon conviction of a violation of any provision of this section commits a class 2 misdemeanor.
C.R.S. § 31-23-106 — CO Code / Title 31 / Article 23 / Part 1 / Section 31-23-106
31-23-106. How parcels designated
Status: in_force

31-23-106. How parcels designated. In case of filing any such plat under this part 1, the designation by which any lot, block, or other parcel of land has previously been known shall be retained in said plat. With the consent of the city or town, any such lot, block, or other parcel of land specified in said plat may be designated by other numbers or names than those by which said lots, blocks, or other parcels of land have been previously known. Such consent of any such city or town, through its governing body, shall be evidenced by the acknowledgment of the mayor. In case of tracts or parcels of land within any such city or town which have not been known or platted by lots, blocks, or other parcels of land of a designated number or name, the same may be platted as provided in section 31-23-105 upon the consent of the city or town as provided in this section.
C.R.S. § 31-31-901 — CO Code / Title 31 / Article 31 / Part 9 / Section 31-31-901
31-31-901. Deferred compensation plan - definitions
Status: in_force

31-31-901. Deferred compensation plan - definitions. (1) Upon the request of any employer, the board may administer and amend or provide for the administration and amendment of any deferred compensation plan adopted by such employer for members or other employees who provide direct support to the employer's public safety department.

(2) In order to assist employers in establishing a deferred compensation plan, the board may develop, maintain, and amend a master deferred compensation plan document or a multi-employer deferred compensation plan document that is intended to comply with the provisions of section 457 of the "Internal Revenue Code of 1986", 26 U.S.C. sec. 457, as amended. Any employer may adopt such master plan for its participants with the assistance of the board; however, such employer shall be responsible for ensuring that such master plan is in compliance with applicable law. Participation by nonmember employees shall be subject to the requirements and limitations of said section 457 of the "Internal Revenue Code of 1986", and the regulations promulgated under section 457.

(3) There is hereby created the fire and police members' deferred compensation trust fund, which shall consist of the assets of deferred compensation plans administered by the board pursuant to the provisions of this section. The board shall be the trustee of the trust fund and shall keep a separate account of the assets of each deferred compensation plan held within the trust fund. The assets of each deferred compensation plan shall be held for the exclusive purpose of providing benefits to participants and beneficiaries and defraying reasonable expenses of the plan and any trust established to hold the assets of the plan. The board shall allow investment of the trust fund through the fire and police members' self-directed investment fund pursuant to section 31-31-301 (4).

(4) The expenses incurred by the board in the administration of each deferred compensation plan shall be paid from the assets of such plan being held in the fire and police members' deferred compensation fund pursuant to the provisions of subsection (3) of this section. Such expenses shall not be paid for by the fire and police pension association.

(5) For the purposes of this section, unless the context otherwise requires:

(a) "Deferred compensation" means that income that a participant may legally defer pursuant to current rulings of the internal revenue service and that, while invested under a deferred compensation plan adopted pursuant to this section, is exempt from federal income taxes on both the employer's contribution and all interest, dividends, and capital gains until the ultimate distribution to the participant.

(b) "Participant" means:

(I) A member employed by an employer who has requested the board, pursuant to subsection (1) of this section, to administer and amend or provide for the administration and amendment of any deferred compensation plan adopted by the employer; or

(II) An employee who provides direct support to the public safety department of an employer who has requested the board, pursuant to subsection (1) of this section, to administer and amend or provide for the administration and amendment of any deferred compensation plan adopted by the employer.