C.R.S. § 31-31-704 — CO Code / Title 31 / Article 31 / Part 7 / Section 31-31-704
31-31-704. Optional affiliation by social security employers
Status: in_force

31-31-704. Optional affiliation by social security employers. (1) (a) Prior to January 1, 2007, and notwithstanding the exemption provided in section 31-31-401 (1)(a), any employer that covers members under the federal "Social Security Act", as amended, or any county that covers salaried employees whose duties are directly involved with the provision of law enforcement or fire protection, as certified by the county under the federal "Social Security Act", as amended, may have elected affiliation with the association, either as to coverage under the statewide death and disability plan or as to retirement under the statewide defined benefit plan, or as to both, by filing with the board a resolution of the governing body of such employer, but any such affiliation shall either exclude past service credit or include past service credit funded by contribution levels established by the board.

(b) On or about January 1, 2023, participation by members employed by social security employers who elected optional affiliation pursuant to subsection (1)(a) of this section shall be transferred to the statewide retirement plan pursuant to the merger described in section 31-31-412.

(1.5) to (4) (Deleted by amendment, L. 2012.)

(5) Benefits provided pursuant to the statewide defined benefit and statewide death and disability plans established by this article to members of employers that have affiliated pursuant to this section prior to January 1, 2007, shall be reduced by the pro rata amount of any social security benefit received by the member attributable to the member's quarters of social security coverage derived from employment as a member.

(6) to (10) (Deleted by amendment, L. 2012.)
C.R.S. § 31-25-218 — CO Code / Title 31 / Article 25 / Part 2 / Section 31-25-218
31-25-218. Conservation trust fund authorized
Status: in_force

31-25-218. Conservation trust fund authorized. Each city in this state, including home rule and special territorial charter cities, may create a conservation trust fund as provided in section 29-21-101, C.R.S.
C.R.S. § 31-10-602 — CO Code / Title 31 / Article 10 / Part 6 / Section 31-10-602
31-10-602. Watchers at municipal elections
Status: in_force

31-10-602. Watchers at municipal elections. Each candidate for office, or interested party in case of an issue, at a municipal election is entitled to appoint some person to act in his behalf in every precinct in which he is a candidate or in which the issue is on the ballot. Such candidate or interested party shall certify the names of the persons so appointed to the clerk on forms provided by the clerk. In case a watcher must leave the polling place, he may designate an alternate to act in his behalf while he is absent, if such alternate is made known to the election judges by an affidavit of the person first named as a watcher.
C.R.S. § 31-10-403 — CO Code / Title 31 / Article 10 / Part 4 / Section 31-10-403
31-10-403. Certificates of appointment
Status: in_force

31-10-403. Certificates of appointment. Immediately after the appointment of the judges of election, the clerk shall issue certificates under his official seal certifying such appointments in each precinct. He shall mail one certificate to each person appointed.
C.R.S. § 31-15-904 — CO Code / Title 31 / Article 15 / Part 9 / Section 31-15-904
31-15-904. Third-party food delivery service fee restrictions - definitions
Status: in_force

31-15-904. Third-party food delivery service fee restrictions - definitions. (1) As used in this section, unless the context otherwise requires:

(a) "Declared public health disaster emergency" means the declared public health disaster emergency to address the COVID-19 pandemic of 2020, as declared by the governor by executive order.

(b) "Retail food establishment" means a retail food establishment, as defined in section 25-4-1602 (14), that pays an annual license fee as required by section 25-4-1607 (1)(a), (1.5)(a)(I), or (1.5)(b)(I). "Retail food establishment" does not include grocery stores or convenience stores.

(c) "Third-party food delivery service" means any person, company, website, mobile application, or other internet service that offers or arranges for the sale and the same-day delivery or same-day pickup of prepared food or beverages from a retail food establishment.

(2) During a declared public health disaster emergency, the governing body of each municipality may adopt, administer, and enforce ordinances and resolutions that:

(a) Limit the amount of the fee that a third-party food delivery service may charge to a retail food establishment, excluding fees related to credit card processing, within the municipality where indoor dining is prohibited and until indoor dining is again permitted in the municipality at a capacity of at least fifty percent or below at the discretion of the municipality;

(b) Restrict the ability of a third-party food delivery service to reduce the compensation rate paid to a delivery service driver or withhold gratuities or tips to a retail food establishment, its staff, or any delivery service driver to offset revenue reductions resulting from any ordinance or resolution enacted pursuant to subsection (2)(a) of this section;

(c) Require a third-party food delivery service to disclose to a consumer using the third-party food delivery service to make a purchase from a retail food establishment any commission, fee, or other monetary payment charged by the third-party food delivery service to the retail food establishment for a purchase from the retail food establishment; and

(d) Restrict a third-party food delivery service's ability to perform a service for a retail food establishment without the retail food establishment's consent.

(3) A governing body of a municipality that adopts an ordinance or resolution pursuant to subsection (2) of this section is immune from liability for all claims for injury resulting from any economic damage that a party may incur due to the ordinance or resolution except to the extent that the ordinance or resolution is held by a court of competent jurisdiction to constitute a taking of private property in violation of the United States or state constitution.
C.R.S. § 31-10-1540 — CO Code / Title 31 / Article 10 / Part 15 / Section 31-10-1540
31-10-1540. Political campaign signs - restrictions
Status: repealed

31-10-1540. Political campaign signs - restrictions. (Repealed)
C.R.S. § 31-25-1220 — CO Code / Title 31 / Article 25 / Part 12 / Section 31-25-1220
31-25-1220. Inclusion or exclusion - petition - notice - hearing
Status: in_force

31-25-1220. Inclusion or exclusion - petition - notice - hearing. (1) The boundaries of any district organized under the provisions of this part 12 may be changed in the manner prescribed in this section, but the change of boundaries of the district shall not impair or affect its organization or its rights in or to property or any of its rights or privileges whatsoever, nor shall it affect or impair or discharge any contract, obligation, lien, or charge for or upon which the district might be liable or chargeable had any such change of boundaries not been made. The owners of property proposed to be included or excluded may file with the governing body a petition, in writing, requesting that such property be included in or excluded from the district. The petition shall describe the property owned by the petitioners and shall be verified. The petition shall be accompanied by a deposit of moneys sufficient to pay all costs of the inclusion or exclusion proceedings. The clerk of the governing body shall cause notice of the filing of such petition to be given and published, which notice shall state the filing of such petition, the names of the petitioners, descriptions of the property sought to be included or excluded, and the request of said petitioners.

(2) Such notice shall inform all persons having objections to appear at the time and place stated in said notice and show cause why the petition should not be granted. The governing body, at the time and place mentioned or at any time to which the hearing may be adjourned, shall proceed to hear the petition and all objections thereto which may be presented by any person showing cause why said petition should not be granted. The failure of any interested person to show cause shall be deemed as an assent on his part to the inclusion or exclusion of such property as requested for in the petition. If the change of boundaries of the district does not adversely affect the district and if the petition is granted, the governing body shall adopt an ordinance to that effect and file a certified copy of the same with the county clerk and recorder of the county in which the property is located. Thereupon, said property shall be included or excluded from the district.

(3) All property included within or excluded from a district shall thereafter be subject to the levy of taxes for the payment of its proportionate share of any indebtedness of the district outstanding at the time of inclusion or exclusion.
C.R.S. § 31-30-210 — CO Code / Title 31 / Article 30 / Part 2 / Section 31-30-210
31-30-210. Qualifications - notice of examination
Status: in_force

31-30-210. Qualifications - notice of examination. Applicants for appointment must be citizens of the United States and reside in the city and county of such municipality for one year next preceding the date of their application. All examinations must be impartial and only relate to the fitness of such persons examined for the service they wish to enter. Questions must not relate to political or religious affiliation, and an appointment must not be affected in any manner by political or religious affiliation. Notice of time, place, and scope of such examination must be given in the notice published in said paper. A person whose standing is less than sixty-five percent of complete proficiency may not be certified to appointment. Preference must be given to persons honorably discharged from the naval or military service of the United States and to discharged LGBT veterans, as defined in section 28-5-100.3, and whose qualifications are otherwise equal.
C.R.S. § 31-31-902 — CO Code / Title 31 / Article 31 / Part 9 / Section 31-31-902
31-31-902. Group health insurance plans
Status: in_force

31-31-902. Group health insurance plans. (1) The board may enter into contracts with carriers to provide group health insurance plans for the following individuals if they are receiving a benefit from another plan administered by the association:

(a) A retired member;

(b) A retired volunteer firefighter;

(c) A surviving spouse;

(d) A dependent child; and

(e) A recipient of a benefit from the fire and police members' deferred compensation fund created by section 31-31-901.

(2) The administration and management of the group health insurance plans shall be the exclusive responsibility of the respective carrier. The cost of the plan, coverage, and eligibility requirements shall be as negotiated in the contract between the association and the carrier.

(3) The association shall pay no premium subsidy for group health insurance authorized to be offered by this section. Premiums shall be deducted from the monthly benefit payments of participating retired members or their beneficiaries.

(4) For purposes of this section, the term "carrier" means a private insurance company holding a valid outstanding certificate of authority from the division of insurance or a nonprofit hospital service plan or a nonprofit medical service plan incorporated as a nonprofit corporation pursuant to article 40 of title 7, C.R.S., or a health maintenance organization established pursuant to parts 1 and 4 of article 16 of title 10, C.R.S.
C.R.S. § 31-35-503 — CO Code / Title 31 / Article 35 / Part 5 / Section 31-35-503
31-35-503. Oath - officers
Status: in_force

31-35-503. Oath - officers. Each commissioner, before assuming the duties of his office, shall take and subscribe an oath or affirmation before an officer authorized to administer oaths that he will support the constitutions and laws of the United States and of this state and that he will faithfully and impartially discharge the duties of his office to the best of his ability. Such oath or affirmation shall be filed in the office of the clerk or secretary of the municipality.
C.R.S. § 31-21-105 — CO Code / Title 31 / Article 21 / Part 1 / Section 31-21-105
31-21-105. Disposition of bonds
Status: in_force

31-21-105. Disposition of bonds. All such funding bonds may be exchanged, dollar for dollar, in satisfaction of the indebtedness to be funded, or they may be sold at not less than their par value, as directed by the governing body, and the proceeds thereof shall be applied only to the purpose for which such funding bonds were issued.
C.R.S. § 31-30.5-801 — CO Code / Title 31 / Article 30.5 / Part 8 / Section 31-30.5-801
31-30.5-801. Exempt alternative programs authorized
Status: in_force

31-30.5-801. Exempt alternative programs authorized. (1) Notwithstanding any other provision of this article or the provisions of article 31 of this title that specifically refer to exempt plans, any municipality, fire protection district, or county improvement district, prior to January 1, 1980, may establish an alternative police officers' or firefighters' pension benefit program or combination pension and insurance benefit program for police officers or firefighters that, if found by an actuarial study to be actuarially sound, shall be exempt from all provisions of parts 3 to 7 of this article. Such program and any amendments thereto must be approved in an election held or vote called for that purpose by at least sixty-five percent of the total votes cast by all police officers or firefighters actively employed by the municipality, fire protection district, or county improvement district and all former old hire members who have earned pension rights or benefits under this article at the time the program is adopted or amended. No amendment of an exempt alternative program may be adopted that would adversely affect the accrued pension benefits of former old hire members. Once established, such exempt alternative program shall cover all police officers or firefighters employed by the municipality, fire protection district, or county improvement district, regardless of the date of hire. Any municipality, fire protection district, or county improvement district having established an exempt alternative program pursuant to this section shall be entitled to receive its appropriate share of state contributions to local police officers' or firefighters' pension funds and shall file any reports required to receive such state contributions. The date limitation of January 1, 1980, established in this subsection (1) shall not be construed as limiting the ability of an employer to establish an exempt money purchase plan in accordance with the provisions of subsection (2) of this section and section 31-30.5-802.

(2) (a) Not later than January 1, 1983, any employer that covered its firefighters or police officers hired on or after April 8, 1978, under the statewide defined benefit plan established in part 4 of article 31 of this title, may withdraw from that plan upon establishment of a money purchase plan, in accordance with the requirements governing exempt alternative programs under subsection (1) of this section.

(b) Such money purchase plan shall include all firefighters or police officers hired on or after April 8, 1978, and may include all old hire firefighter or police officer members, at the option of the employer.

(c) The money purchase plan shall be approved by sixty-five percent of all firefighters or police officers hired on or after April 8, 1978. In order for old hire firefighter or police officer members to be included in such plan, pursuant to paragraph (b) of this subsection (2), sixty-five percent of those members shall approve the plan.

(d) Any employer desiring to withdraw pursuant to the provisions of this section shall file a resolution with the fire and police pension association stating such intent. The resolution shall also state a requested effective date for withdrawal.

(e) The withdrawal shall be effective on the requested effective date or on the first day of the month following certification by the fire and police pension association of the approval of the members, whichever occurs later.
C.R.S. § 31-25-612 — CO Code / Title 31 / Article 25 / Part 6 / Section 31-25-612
31-25-612. Power to levy taxes
Status: in_force

31-25-612. Power to levy taxes. In addition to the other means of providing revenue for such districts, the board has the power to levy and collect ad valorem taxes on and against all taxable property within the district. Such power shall not prevent the issuance of obligations payable solely from the income of revenue-producing facilities.
C.R.S. § 31-31-204 — CO Code / Title 31 / Article 31 / Part 2 / Section 31-31-204
31-31-204. Defined benefit system
Status: repealed

31-31-204. Defined benefit system. (1) There shall be a defined benefit system that shall consist of the following plans:

(a) The statewide retirement plan established pursuant to article 31.5 of this title 31;

(b) Repealed.

(c) Any exempt plan that is incorporated into the defined benefit system, pursuant to an agreement established under section 31-31-706 (2);

(d) Any health-care benefit plan established in association with the included plans; and

(e) Any other plan authorized to be incorporated into the statewide defined benefit system.

(2) The board may create plan documents for the plans within the defined benefit system that shall be in substantial conformance with the statutory provisions for each plan and that may include modifications and plan amendments as authorized under law.

(2.5) Notwithstanding section 31-31.5-601 or the terms of an agreement entered into pursuant to section 31-31-706 (2), the board may modify, alter, or amend the plan provisions contained in article 31.5 of this title 31 or a plan document or rules of a plan within the defined benefit system as the board deems prudent and necessary to administer benefits under the plan consistently and uniformly across the defined benefit system in a manner that does not result in an actuarial cost to the plan. Such modifications or amendments may include changes to the options for the distribution of benefits. This subsection (2.5) shall not be construed to authorize modification to the amount of a normal benefit.

(3) Qualification requirements - internal revenue code - definitions. (a) As used in this subsection (3), "internal revenue code" means the federal "Internal Revenue Code of 1986", as amended.

(b) The defined benefit system and each of the plans established by part 2 or 7 of this article 31 or part 1 of article 31.5 of this title 31 included within the system shall satisfy the qualification requirements specified in section 401 of the internal revenue code, as applicable to governmental plans.

(c) The board may adopt any provision for a plan established by part 2 or 7 of this article 31 or part 1 of article 31.5 of this title 31 that is necessary to comply with the internal revenue code.

(4) Trust fund. (a) There is hereby created the defined benefit system trust fund. All assets held in connection with the defined benefit system, including all contributions to the plans in the system, all property and rights acquired or purchased with such amounts, and all income attributable to such amounts, property, or rights, shall be held in trust for the exclusive benefit of members and their designated beneficiaries under the plans. Such assets shall constitute the trust fund. No part of the assets and income of the trust fund shall be used for, or diverted to, purposes other than for the exclusive benefit of members and their designated beneficiaries and for defraying reasonable expenses of the system.

(b) All amounts of compensation contributed pursuant to the plans, all property and rights acquired or purchased with such amounts, and all income attributable to such amounts, property, or rights held as part of the defined benefit system, including member contributions, employer contributions, any state contributions, fees collected, gifts received, unclaimed deposits, and investment income, shall be transferred to the board to be held, managed, invested, and distributed as part of the trust fund in accordance with the provisions of the documents governing the system. All contributions to the plans shall be transferred by the employers to the trust fund. All benefits under the plans shall be distributed solely from the trust fund pursuant to the documents governing the system.

(c) The board is the trustee of the defined benefit system trust fund.

(d) Repealed.
C.R.S. § 31-31-808 — CO Code / Title 31 / Article 31 / Part 8 / Section 31-31-808
31-31-808. Reduction of survivor benefits
Status: in_force

31-31-808. Reduction of survivor benefits. (1) The benefits payable under sections 31-31-807 and 31-31-807.5 to the surviving spouse and dependent children of any member, who at the time of the member's death was a member of a money purchase plan established under this article or article 30.5 of this title 31, including any department chief, who at the time of the chief's death had been exempted from the statewide retirement plan as permitted by section 31-31.5-203, shall be reduced by an amount that is the actuarial equivalent of the benefits such surviving spouse and dependent children receive from the money purchase plan, whether the benefits received from the money purchase plan are paid on a periodic basis or in a lump sum. No such reduction shall exceed the actuarial equivalent of money purchase plan benefits if such benefits had been funded at the same rate of contributions specified in section 31-31.5-301.

(2) The benefits payable under sections 31-31-807 and 31-31-807.5 to the surviving spouse and dependent children of any member who are also receiving payments from the member's separate retirement account pursuant to sections 31-31-412 (1)(c) and 31-31.5-304 (2) shall be reduced by an amount that is the actuarial equivalent of the benefits such surviving spouse and dependent children receive from the separate retirement account, whether the benefits received from the account are paid on a periodic basis or in a lump sum.

(3) The benefits payable under sections 31-31-807 and 31-31-807.5 to the surviving spouse and dependent children of any member who are also receiving payments from a statewide or local Colorado fire or police defined benefit pension plan shall be reduced by the amount of the defined benefit payments to be received.
C.R.S. § 31-15-701 — CO Code / Title 31 / Article 15 / Part 7 / Section 31-15-701
31-15-701. Necessary buildings
Status: in_force

31-15-701. Necessary buildings. The governing body of each municipality has the power to erect and care for all necessary public buildings for the use of the municipality.
C.R.S. § 31-23-312 — CO Code / Title 31 / Article 23 / Part 3 / Section 31-23-312
31-23-312. Safety glazing materials
Status: in_force

31-23-312. Safety glazing materials. The governing body of each municipality in this state shall adopt standards governing the use of safety glazing materials for hazardous locations within its jurisdiction. No building permit shall be issued for the construction, reconstruction, or alteration of any structure in such municipality unless such construction, reconstruction, or alteration conforms to the standards adopted pursuant to this section. The building inspection authority in such municipality shall inspect all places to determine whether such places are in compliance with the standards for the use of safety glazing materials.
C.R.S. § 31-30-1113 — CO Code / Title 31 / Article 30 / Part 11 / Section 31-30-1113
31-30-1113. Fund investments
Status: repealed

31-30-1113. Fund investments. (1) The board may invest all or any part of fund moneys in the name of the board's treasurer or in the name of a custodian or custodians appointed by the board under this section in interest-bearing obligations of the United States, in interest-bearing bonds of this state, in general obligation bonds of municipalities, whether organized under general law or article XX of the state constitution, or in any depository stated in section 24-75-603, C.R.S., and secured as provided in articles 10.5 and 47 of title 11, C.R.S. By written resolution, the board may appoint one or more persons to act as a custodian or custodians, in addition to the treasurer, to deposit or cause to be deposited all or part of the fund in any state or national bank or any state or federally chartered savings and loan association in this state. The appointed persons shall give surety bonds, and the board shall determine the bonds' amounts, form, and purposes. These securities and evidences of investment shall be deposited with the treasurer of the municipality or district.

(2) Upon the board's direction, the treasurer of a municipality or district may invest part of the fund available for investment, with or without one or more other volunteer firefighter pension funds, in a noninsured trust pension plan with a bank or trust company authorized to exercise trust powers in this state as a trustee. The trustee's investment of fund moneys is governed by article 1.1 of title 15, C.R.S.

(3) Notwithstanding subsection (1) of this section, the board may invest all or any part of fund moneys in the name of the board's treasurer or in the name of a custodian or custodians appointed by the board under this section in one or more of the following:

(a) Any public-private initiative with the department of transportation, as defined in section 43-1-1201 (3), C.R.S.;

(b) Bonds issued for turnpikes in accordance with part 2 of article 3 of title 43, C.R.S.; or

(c) Repealed.

(d) Any other public-private initiative program for transportation system projects in Colorado authorized by law.

(4) The board may give preference to the investments described in subsection (3) of this section if such investments are consistent with sound investment policy.
C.R.S. § 31-35-616 — CO Code / Title 31 / Article 35 / Part 6 / Section 31-35-616
31-35-616. Revenue kept in separate fund
Status: in_force

31-35-616. Revenue kept in separate fund. (1) The revenue derived from the connections with said sewer or sewerage systems shall be placed in the treasury of the municipality or district and may be kept in a separate fund. If the revenue is placed in a separate fund, it shall not be paid out or distributed except for the purpose of operating, renewing, improving, or extending the sewerage system and the payment of the salaries of the employees engaged in operating said sewerage system. At any time there is a surplus of such funds, it shall be semiannually placed in a sinking fund for the purposes of acquiring, renewing, or extending such sewerage system or making renewals or extensions thereto or for retiring the bonded indebtedness upon said sewerage system; but if said surplus fund is used to retire outstanding sewer bonds, the same shall be in addition to the money derived by taxation for such retirement of sewer bonds as is provided by law.

(2) Any municipality or incorporated sewer or sanitary district which is being provided with services by the governing body fixing such rates and charges is subject to the same charges and rates established as provided in this part 6 or to charges and rates established in harmony therewith for service rendered such municipality or incorporated sewer or sanitary district and shall pay such rates or charges when due, and the same shall be deemed to be a part of the revenues of the works and shall be applied as provided in this section for the application of such revenues.
C.R.S. § 31-25-601 — CO Code / Title 31 / Article 25 / Part 6 / Section 31-25-601
31-25-601. Legislative declaration
Status: in_force

31-25-601. Legislative declaration. The general assembly hereby declares that the organization of public improvement districts, having the purposes and powers provided in this part 6, will serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants of said districts.
C.R.S. § 31-25-822 — CO Code / Title 31 / Article 25 / Part 8 / Section 31-25-822
31-25-822. Inclusion of additional property
Status: in_force

31-25-822. Inclusion of additional property. Subsequent to the organization of an authority, additional property may be included in the district. Proceedings for inclusion shall be initiated by petition to the board of the authority signed by the owner or owners in fee of each parcel of land adjacent to the existing district sought to be included. Any such petition shall include evidence satisfactory to the board concerning title to the property and an accurate legal description thereof. If the board approves said application, it shall then submit the same to the governing body of the municipality. If the governing body also approves said application, it shall then, at a regular or special meeting by amendment to the ordinance treating the authority, redescribe the district so as to include the additional property as described in the petition. From the effective date of said amendment such additional property shall be included within the district and shall be subject to any taxes thereafter imposed by the municipality for the use and benefit of the authority.
C.R.S. § 31-25-409 — CO Code / Title 31 / Article 25 / Part 4 / Section 31-25-409
31-25-409. Special ad valorem assessments
Status: in_force

31-25-409. Special ad valorem assessments. (1) As used in this section, "district" means the district within which lie the lands deemed by the governing body to be specially benefited by the establishment of the pedestrian mall even though assessments may not be levied to pay for improvements.

(2) Following the establishment of a pedestrian mall pursuant to this part 4 and annually on or before December 1 of each year, the governing body or other body or agency having jurisdiction or responsibility for the improvements may prepare and approve an estimate of the expenditures required during the ensuing fiscal year for the maintenance, operation, and repair of the pedestrian mall and shall deduct from such estimate the amount of revenues, if any, which the governing body estimates will accrue to the municipality during such year from the operation of the pedestrian mall.

(3) The said governing body or agency may then through the levying authority levy and collect in any year upon and against all of the taxable land and improvements within the district a special ad valorem assessment sufficient to raise a sum of money to provide the net amount as so determined, but in no event shall the rate of assessment in any one year exceed one-half mill against the valuation for assessment of each property in the district as shown on the assessment roll used by the county for the municipal taxation. The levy shall be made with notice and hearing to all owners affected thereby. The limitation as set forth in this subsection (3) shall not be construed to limit in any manner the financing of improvements which may be erected in the mall area.

(4) The special ad valorem assessment shall be levied, collected, and enforced at the same times, in the same manner, by the same officers, and with the same interest and penalties as in the case of general taxes levied by the municipality.

(5) The proceeds of the assessment shall be placed in a separate fund by the said governing body or agency and shall be expended only for the maintenance, operation, repair, or improvement of the pedestrian mall.
C.R.S. § 31-31-602 — CO Code / Title 31 / Article 31 / Part 6 / Section 31-31-602
31-31-602. Withdrawn local alternative pension plans - investment authority
Status: in_force

31-31-602. Withdrawn local alternative pension plans - investment authority. (1) Except as provided in subsection (2) of this section, any locally administered and financed alternative pension plan fund established pursuant to this part 6 may be managed and invested by the trustees of such plan pursuant to the standard and other provisions for trustees set forth in the "Colorado Uniform Prudent Investor Act", article 1.1 of title 15, C.R.S. Such investments shall be audited at least biennially.

(2) The trustees of a locally administered and financed alternative plan may allow a participant to exercise control of the investment of the participant's accrued benefit under the plan, subject to the following requirements:

(a) The trustees shall select at least three investment alternatives, each of which is diversified in itself, that allow the participant a broad range of investments and a meaningful choice between risk and return in the investment of the participant's accrued benefit;

(b) The trustees shall allow the participant to change investments at least once each calendar quarter; and

(c) The trustees shall provide the participant with information describing the investment alternatives and the nature, investment performance, fees, and expenses of the investment alternatives and other information to enable a participant to make informed investment decisions.
C.R.S. § 31-30.5-701 — CO Code / Title 31 / Article 30.5 / Part 7 / Section 31-30.5-701
31-30.5-701. Coverage
Status: in_force

31-30.5-701. Coverage. The provisions of this part 7 governing the benefits payable in the event of the death or disability of an active old hire member shall apply with respect to any such member who dies or becomes disabled prior to January 1, 1980. The provisions of this part 7 governing the benefits payable in the event of the death of a retired old hire member shall apply regardless of the date of death.
C.R.S. § 31-12-118.5 — CO Code / Title 31 / Article 12 / Part 1 / Section 31-12-118.5
31-12-118.5. Effect of incorporation proceedings in an area of more than seventy-five thousan
Status: in_force

31-12-118.5. Effect of incorporation proceedings in an area of more than seventy-five thousand inhabitants - annexation ordinance - legislative declaration. (1) The general assembly hereby finds and declares that:

(a) Incorporation of areas containing more than seventy-five thousand inhabitants into new municipalities furthers the goal of orderly growth of urban communities and achieves the purposes stated in section 31-12-102;

(b) Municipal incorporations of areas containing such population present viable municipal communities and are favored over municipal annexations that may fragment affected communities and reduce or eliminate the ability to provide municipal government, services, and facilities to those communities;

(c) The current municipal annexation and incorporation laws do not adequately expressly address the priority to be given municipal incorporation of areas containing such population;

(d) This section and section 31-12-118 (2)(b) are necessary to provide remedial direction regarding the jurisdiction of municipalities to subject areas containing such population to municipal annexation and, therefore, that each section shall apply on and after February 1, 1999, to all annexation proceedings that are pending or subject to judicial review or appeal commenced pursuant to sections 31-12-116 and 31-12-117 whether or not such review or appeal is sought;

(e) The enactment of this section and section 31-12-118 (2)(b) is not violative of section 11 of article II of the Colorado constitution with respect to annexation proceedings that are pending or subject to judicial review or appeal on February 1, 1999, since:

(I) Section 11 of article II of the Colorado constitution applies solely to statutes that take away or impair a vested right acquired under existing laws or that impose a new duty or create a new obligation with respect to completed transactions or considerations;

(II) No person has a vested right in any annexation proceedings that are pending or subject to judicial review or appeal on February 1, 1999, that will be impaired by this section or section 31-12-118 (2)(b); and

(III) This section and section 31-12-118 (2)(b) do not impose a new duty or create a new obligation with respect to any municipal annexation that is completed and that is final and no longer subject to judicial review or appeal.

(2) (a) If a petition for an incorporation election is filed pursuant to part 1 of article 2 of this title, then no annexation ordinance that annexes all or any part of the area included in such petition shall be deemed final. This subsection (2) shall apply only if such area proposed for incorporation contains more than seventy-five thousand inhabitants and such petition is filed:

(I) Prior to the expiration of the sixty-day limitation on review proceedings contained in section 31-12-116 (2)(a); or

(II) After a review proceeding on such annexation ordinance has been commenced pursuant to section 31-12-116 and prior to the date of a judicial declaration or final judgment, including an appellate judgment, on such review proceeding.

(b) If such incorporation election is approved by a court order entered pursuant to section 31-2-103, then such annexation ordinance shall be deemed void with respect to any area that is incorporated pursuant to such election.
C.R.S. § 31-20-105 — CO Code / Title 31 / Article 20 / Part 1 / Section 31-20-105
31-20-105. Municipality may certify delinquent charges
Status: in_force

31-20-105. Municipality may certify delinquent charges. Any municipality, in addition to the means provided by law, if by ordinance it so elects, may cause any or all delinquent charges, assessments, or taxes made or levied to be certified to the treasurer of the county and be collected and paid over by the treasurer of the county in the same manner as taxes are authorized to be by this title.
C.R.S. § 31-12-403 — CO Code / Title 31 / Article 12 / Part 4 / Section 31-12-403
31-12-403. Election of officers after consolidation
Status: in_force

31-12-403. Election of officers after consolidation. In case the proposition for consolidation is carried in all of said cities or towns, the mayors or presiding officers of the governing bodies shall at once issue a joint proclamation announcing an election of officers of the consolidated city or town. Notice of the election shall be given in the manner prescribed by the "Colorado Municipal Election Code of 1965". At said election there shall be chosen a board of trustees if the consolidated corporation is a town, and, if it is a city, there shall be chosen a mayor and two councilmen for each ward of the consolidated city. There shall be elected, in addition, such other officers as under the law are or may be elected by the electors in cities or towns. Such election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965" insofar as practicable under the direction of the clerks and governing bodies of the cities and towns which were consolidated.
C.R.S. § 31-10-913 — CO Code / Title 31 / Article 10 / Part 9 / Section 31-10-913
31-10-913. Challenges
Status: in_force

31-10-913. Challenges. Any mail ballot election held pursuant to this part 9 shall not be invalidated on the grounds that an eligible elector did not receive a ballot so long as the clerk acted in good faith in complying with the provisions of this part 9.
C.R.S. § 31-31.5-302 — CO Code / Title 31 / Article 31.5 / Part 3 / Section 31-31.5-302
31-31.5-302. Social security component minimum contributions
Status: in_force

31-31.5-302. Social security component minimum contributions. (1) This component covers the members of those employers that have elected coverage under the plan pursuant to section 31-31-704.5.

(2) Each member shall make contributions at one-half of the member contribution rate established for the defined benefit component in section 31-31.5-301 by deduction from the salary paid to the member. For each member, the employer shall pay one-half of the employer contribution rate established for the defined benefit component in section 31-31.5-301 including any allocation made to the money purchase component made pursuant to section 31-31.5-301 (3).
C.R.S. § 31-32-201 — CO Code / Title 31 / Article 32 / Part 2 / Section 31-32-201
31-32-201. Financing acquisition of utilities
Status: in_force

31-32-201. Financing acquisition of utilities. (1) In any municipality possessed of authority to acquire public utilities operating under general law or under article XX of the state constitution, unless otherwise provided by the charter of such municipality, no public utility shall be acquired until the plan for such acquisition has been adopted by ordinance and such ordinance has been approved at a regular or special election in the manner provided for authorization of bonded indebtedness by section 31-15-302 (1)(d). Nothing in this subsection (1) shall prevent the institution of condemnation proceedings as may be provided by law or require an election with respect to water facilities or sewerage facilities.

(2) Such ordinance shall describe the property to be acquired, the full purchase price to be paid by such municipality therefor, and the method of payment thereof as well as the total obligations to be incurred by such municipality in making such acquisition, whether by way of general obligation bonds of such municipality issued under the provisions of section 6 of article XI of the state constitution or by way of obligations chargeable solely or in part against the income of such utility, or both. In the event of the issuance of obligations payable solely out of income, all operating and other costs shall be met solely out of income of the utility acquired.

(3) Said ordinance may provide for the payment into such income fund for service to be rendered for municipal purposes, but such payments shall at all times be reasonable.
C.R.S. § 31-2-223 — CO Code / Title 31 / Article 2 / Part 2 / Section 31-2-223
31-2-223. Affidavit - evidence - protest procedure
Status: in_force

31-2-223. Affidavit - evidence - protest procedure. (1) All petitions to initiate the adoption, amendment, or repeal of a home rule charter, including the formation of a new charter commission, shall have attached thereto an affidavit of the circulator of the petition stating that each signature on the petition is the signature of the person whose name it purports to be and that to the best of the knowledge and belief of the affiant each of the persons signing such petition was at the time of signing a registered elector. A protest in writing, under oath, may be filed in the office in which such petition has been filed by some registered elector of the municipality or territory proposed to be incorporated within thirty days after such petition is filed, setting forth with particularity the grounds of such protest and the names protested. In such event the officer with whom such petition is filed shall mail a copy of the protest to the persons named in such petition as representing the signers thereof at the addresses therein given, together with a notice fixing a time for hearing the protest not less than five nor more than twenty days after such notice is mailed. If, at such hearing, such protest is denied in whole or in part, the person filing the same, within ten days after such denial, may file an amended protest, a copy of which shall be mailed to the persons named in the petition and on which a hearing shall be held as in the case of the original protest; but no person shall be entitled to amend an amended protest.

(2) All records and hearings shall be public, and all testimony shall be under oath. The officer with whom such petition is filed shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents. Upon failure of any witness to obey the subpoena, the officer may petition the district court, and, upon proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the order of court shall be punishable as a contempt of court. Hearings shall be had as soon as is conveniently possible and must be concluded within thirty days after the commencement thereof, and the result of such hearings shall be certified to the persons representing the signers of such petition. In case the petition is declared insufficient in form or number of signatures of registered electors, it may be withdrawn by a majority in number of the persons representing the signers of such petition and, within fifteen days after the insufficiency is declared, may be amended or additional names signed thereto as in the first instance and refiled as an original petition. The finding as to the sufficiency of any petition may be reviewed by the district court of the county in which such petition is filed, but any such review shall be timely made, and, upon application, the decision of such court thereon shall be reviewed by the supreme court.
C.R.S. § 31-2-206 — CO Code / Title 31 / Article 2 / Part 2 / Section 31-2-206
31-2-206. Charter commission
Status: in_force

31-2-206. Charter commission. (1) The charter commission shall be comprised as follows:

(a) In municipalities having a population of less than two thousand, nine members; and

(b) In municipalities having a population of at least two thousand, nine members unless the initiating ordinance or petition establishes a higher odd-number of members not to exceed twenty-one members.

(c) (Deleted by amendment, L. 94, p. 1191, § 89, effective July 1, 1994.)

(2) If the petition or ordinance initiating home rule proceedings pursuant to section 31-2-204 (1) or initiating proceedings for forming a new charter commission pursuant to section 31-2-210 (2) specifies that the members of the charter commission shall be elected by and from single- or multi-member districts or by a combination of such districts and at-large representation, the governing body, prior to publishing the notice provided for in section 31-2-204 (2) or 31-2-210 (4), shall divide the municipality into compact districts of approximately equal population. In such event the members of said charter commission shall be elected by and from districts, or partly by and from districts and partly at large, as specified in said petition or ordinance.

(3) Eligibility to serve on the charter commission shall extend to all registered electors of the municipality. Any vacancy on the charter commission shall be filled by appointment of the governing body.

(4) The charter commission shall meet at a time and date set by the governing body, which shall be not more than twenty days subsequent to the certification of the election, for the purpose of organizing itself. At such meeting, the commission members shall elect a chairman, a secretary, and such other officers as they deem necessary, all of which officers shall be members of the commission. The commission may adopt rules of procedure for its operations and proceedings. A majority of the commission members shall constitute a quorum for transacting business. Further meetings of the commission shall be held upon call of the chairman or a majority of the members. All meetings shall be open to the public.

(5) The commission may employ a staff; consult and retain experts; and purchase, lease, or otherwise provide for such supplies, materials, and equipment as it deems necessary. Upon completion of its work, the commission shall be dissolved, and all property of the commission shall become the property of the municipality.

(6) The governing body may accept funds, grants, gifts, and services for the commission from the state of Colorado, or the United States government, or any agencies or departments thereof, or from any other public or private source.

(7) Reasonable expenses of the charter commission shall be paid out of the general funds of the municipality, upon written verification made by the commission chairman and secretary, and the governing body shall adopt such supplemental appropriation ordinances as may be necessary to support such expenditures. Members of the commission shall receive no compensation but may be reimbursed for actual and necessary expenses incurred in the performance of their duties.

(8) The charter commission may conduct interviews and make investigations in the preparation of a charter, and, to the fullest extent practicable, municipal officials and employees shall cooperate with the commission by providing information, advice, and assistance.

(9) The charter commission shall hold at least one public hearing in preparation of a proposed charter.

(10) Within one hundred eighty days after its election, the charter commission shall submit to the governing body a proposed charter.
C.R.S. § 31-35-502 — CO Code / Title 31 / Article 35 / Part 5 / Section 31-35-502
31-35-502. Board - appointments - removal - bonds - meetings
Status: in_force

31-35-502. Board - appointments - removal - bonds - meetings. The municipality shall by ordinance prescribe the number of commissioners, their qualifications, their terms of office, methods for their election or appointment or removal, the amount and nature of any fidelity bond required to be given, the number of meetings required to be held, their compensation, if any, the selection and term of office of its officers, and such other matters concerning the board as are not in conflict with this part 5.
C.R.S. § 31-12-707 — CO Code / Title 31 / Article 12 / Part 7 / Section 31-12-707
31-12-707. Decree recorded - proof
Status: in_force

31-12-707. Decree recorded - proof. Two copies of the order or decree of said district court disconnecting any land described in said petition from any town, certified by the clerk of said district court, shall be filed for record in the office of the county clerk and recorder of the county in which such disconnected land is situated. The county clerk and recorder shall file the second certified copy with the division of local government in the department of local affairs, as provided by section 24-32-109, C.R.S. Such record or a copy of such order or decree, certified by the clerk of said district court, shall be proof of the disconnection of such land.
C.R.S. § 31-25-801 — CO Code / Title 31 / Article 25 / Part 8 / Section 31-25-801
31-25-801. Legislative declaration
Status: in_force

31-25-801. Legislative declaration. (1) The general assembly declares that the organization of downtown development authorities having the purposes and powers provided in this part 8 will serve a public use; will promote the health, safety, prosperity, security, and general welfare of the inhabitants thereof and of the people of this state; will halt or prevent deterioration of property values or structures within central business districts, will halt or prevent the growth of blighted areas within such districts, and will assist municipalities in the development and redevelopment of such districts and in the overall planning to restore or provide for the continuance of the health thereof; and will be of especial benefit to the property within the boundaries of any authority created pursuant to the provisions of this part 8.

(2) The general assembly determines, finds, and declares that because of a number of atypical factors and special conditions concerning downtown development unique to each locality, the rule of strict construction shall have no application to this part 8, but it shall be liberally construed to effect the purposes and objects for which it is intended.
C.R.S. § 31-20-406 — CO Code / Title 31 / Article 20 / Part 4 / Section 31-20-406
31-20-406. Redemption of warrants
Status: in_force

31-20-406. Redemption of warrants. When the treasurer of any city or town has any city or town funds on hand in cash to the amount of five hundred dollars or over, it is his duty to immediately apply all such funds to the redemption of an equal amount of such outstanding city or town warrants, certificates, or orders, with the interest due thereon, as may be entitled to a preference as to payment according to the order of time in which they were previously presented to the treasurer of such city or town, as evidenced by the registry of the orders of such city or town kept in his office as provided by law. For this purpose, he shall cause to be advertised for thirty days in some newspaper published in or nearest such city or town a notice that he will redeem such certain city or town orders, certificates, or warrants with interest due thereon, stating their number and amounts on presentation at the treasury of such city or town, and that, at the expiration of thirty days from the date of such notice, such orders, certificates, or warrants shall cease to bear interest.
C.R.S. § 31-25-1113 — CO Code / Title 31 / Article 25 / Part 11 / Section 31-25-1113
31-25-1113. Bonds applied to purchase price
Status: in_force

31-25-1113. Bonds applied to purchase price. At any such sale, the purchaser, for the purpose of making settlement or payments for property purchased, shall be entitled to turn in or apply toward the payment of the purchase price any of the bonds or other securities which are made payable out of the proceeds of the assessments for the collection of which such sale is made, together with any matured and unpaid coupons, and shall be entitled to be credited therefor to the extent of the par value of such bonds and coupons. Such bonds and coupons so applied in payment by the purchaser shall be deemed to be paid to the extent of the amount so turned in.
C.R.S. § 31-12-706 — CO Code / Title 31 / Article 12 / Part 7 / Section 31-12-706
31-12-706. Land subject to tax for prior indebtedness
Status: in_force

31-12-706. Land subject to tax for prior indebtedness. When the governing body of such town levies a tax upon the property within such town for the purpose of paying such indebtedness or any part thereof and interest thereon, such governing body shall have the authority to levy a tax at the same rate and for the same purpose on the land so disconnected. The county treasurer shall pay over to such town all moneys collected by him on account of such tax, to be applied only to the payment of such indebtedness. In case the owner of any land so disconnected pays off and discharges a portion of such indebtedness equal in amount to the same proportion of the indebtedness which the valuation for assessment of his land bears to the entire valuation for assessment of all the property subject to taxation for the payment of such indebtedness, calculated according to the last assessment previous to such payment, said land shall be exempted from further taxation to pay such indebtedness. Upon such payment being made, the canceled bonds or other evidences of payment of such portion of said indebtedness shall be deposited with the treasurer of such town, and a certificate shall be given by him stating that such payment has been made.
C.R.S. § 31-2-215 — CO Code / Title 31 / Article 2 / Part 2 / Section 31-2-215
31-2-215. Conflicting or alternative charter proposals
Status: in_force

31-2-215. Conflicting or alternative charter proposals. (1) In submitting any charter or charter amendment, any alternative provision may be submitted for the choice of the voters and may be voted on separately without prejudice to others. The alternative provision receiving the highest number of votes, if approved by a majority of the registered electors voting thereon, shall be deemed approved.

(2) In case of adoption of conflicting provisions which are not submitted as alternatives, the one which receives the greatest number of affirmative votes shall prevail in all particulars as to which there is conflict.
C.R.S. § 31-31-705 — CO Code / Title 31 / Article 31 / Part 7 / Section 31-31-705
31-31-705. Affiliation by volunteer pension plans
Status: in_force

31-31-705. Affiliation by volunteer pension plans. (1) The board is authorized to make affiliation agreements with governing bodies that provide pension plans for volunteer firefighters to administer such plans and manage the funds of such plans for investment. The fire and police pension association may require periodic renewal of the agreement.

(2) The fire and police pension association has the following responsibilities in connection with a volunteer firefighter pension plan that has an agreement with the association pursuant to subsection (1) of this section:

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

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

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

(d) Conducting actuarial valuations and financial audits of the plan on at least a biannual basis or as required by regulatory bodies or by law;

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

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

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

(3) The governing body of a volunteer pension plan or its local pension board has the following responsibilities when the plan is affiliated with the fire and police pension association pursuant to subsection (1) of this section:

(a) Establishing eligibility for and the amount of benefits to be received by members and beneficiaries of the plan, including the determination of base benefits, years of service under the plan, marital status, and continuing eligibility of retirees and survivors;

(b) Electing options for the allocation of assets, if such options are provided by the fire and police pension association;

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

(d) Making determinations regarding benefit improvements, if any; and

(e) Periodically certifying information required by the fire and police pension association to administer the plan benefits.

(4) A governing body that provides pension benefits for volunteer firefighters may terminate its affiliation with the fire and police pension association upon giving written notice to the association at least sixty days prior to the end of any quarter of a calendar year. The association may allow a shorter notice period. The association may terminate the affiliation of a volunteer plan upon sixty days written notice to the governing body for failure to fulfill its responsibilities to the plan or its failure to renew an affiliation agreement.
C.R.S. § 31-12-408 — CO Code / Title 31 / Article 12 / Part 4 / Section 31-12-408
31-12-408. Bonded and floating indebtedness
Status: in_force

31-12-408. Bonded and floating indebtedness. All bonded indebtedness due or owing by any city or town prior to consolidation shall remain, after consolidation, the debt of that portion of the consolidated city or town comprised within the former limits of the city or town which owed such indebtedness prior to consolidation. No tax shall be levied or collected for the payment of the principal and interest of such indebtedness, except upon and from persons or property residing or situated within the former limits of the town or city owing such indebtedness. The governing body of the consolidated city or town shall make such levies and take such other measures for the payment of the principal and interest out of the property within such limits as it would have been the duty or within the power of the governing body of the city or town owing such indebtedness to do had no such consolidation taken place. If any of the cities or towns consolidated owed any floating indebtedness at the date of consolidation, the governing body of the consolidated city or town shall ascertain the amount of such indebtedness owed by each of said cities or towns prior to consolidation and, at the next annual levy of taxes succeeding consolidation, shall make a special levy upon property situated within the former limits of the city or town owing such indebtedness sufficient for the payment of the same. The terms of consolidation may make other provisions for said bonded or floating indebtedness. Any such bonded indebtedness may be refunded by the consolidated city or town under the provisions of the laws of Colorado existing at the time of such refunding providing for the refunding of bonds of cities and towns.
C.R.S. § 31-25-619 — CO Code / Title 31 / Article 25 / Part 6 / Section 31-25-619
31-25-619. Liability of property
Status: in_force

31-25-619. Liability of property. All property included within or excluded from a district shall thereafter be subject to the levy of taxes for the payment of its proportionate share of any indebtedness of the district outstanding at the time of inclusion or exclusion.
C.R.S. § 31-1-203 — CO Code / Title 31 / Article 1 / Part 2 / Section 31-1-203
31-1-203. Classification of statutory cities and towns
Status: repealed

31-1-203. Classification of statutory cities and towns. (1) With respect to the exercises of certain municipal and corporate powers, granted by the provisions of this title, and to the duties of certain municipal officers, set forth in this title, all municipal corporations organized pursuant to the provisions of this title or of any other general law on or after July 3, 1877, which have not chosen to adopt a home rule charter under the provisions of article XX of the state constitution, are divided into cities and towns.

(2) Repealed.
C.R.S. § 31-11-113 — CO Code / Title 31 / Article 11 / Section 31-11-113
31-11-113. Receiving money to circulate petitions - filing
Status: in_force

31-11-113. Receiving money to circulate petitions - filing. The proponents of the petition shall file with the clerk a report disclosing the amount paid per signature and the total amount paid to each circulator. The filing shall be made at the same time the petition is filed with the clerk. Any payment made to circulators is an expenditure under article 45 of title 1, C.R.S.
C.R.S. § 31-25-211 — CO Code / Title 31 / Article 25 / Part 2 / Section 31-25-211
31-25-211. Superintendent of parks - assistants - salaries
Status: in_force

31-25-211. Superintendent of parks - assistants - salaries. The commission may appoint a superintendent of parks who shall be a practical landscape gardener who, under the direction of the commission, shall have active charge, control, and direction of all the parks, pleasure grounds, boulevards, parkways, avenues, driveways, and roads which are under the control of the commission and who shall perform such other duties as may be prescribed by the commission, with such other assistants and at such salaries payable out of the park fund as may be authorized by the commission, with the approval of the mayor.
C.R.S. § 31-31.5-305 — CO Code / Title 31 / Article 31.5 / Part 3 / Section 31-31.5-305
31-31.5-305. Continuing rates of contribution for reentry and affiliating departments
Status: in_force

31-31.5-305. Continuing rates of contribution for reentry and affiliating departments. (1) At the time of reentry or affiliation, the board may establish a continuing rate of contribution for departments reentering or affiliating with the statewide retirement plan in addition to the employer and member contributions otherwise required by this part 3 in order to maintain the actuarial soundness of the plan and the plan for disability and survivors benefits provided for in part 8 of article 31 of this title 31.

(2) It shall be locally decided during the affiliation process whether the continuing rate of contribution shall be made by the member or the employer or split equally between the member and the employer.
C.R.S. § 31-25-1222 — CO Code / Title 31 / Article 25 / Part 12 / Section 31-25-1222
31-25-1222. Submission of debt question
Status: in_force

31-25-1222. Submission of debt question. (1) When any board determines that the interest of said district and the public interest or necessity demand the acquisition, construction, installation, or completion of any improvements or the provision of any service within the district or the making of any contract with the United States or with any person or corporation to carry out the objects or purposes of said district requiring the creation of an indebtedness, said board shall order the submission to the electors of the proposition of issuing such obligations or bonds or creating other indebtedness at an election held for that purpose. Such election shall be held and conducted and the results thereof declared in the manner provided in part 8 of article 1 of title 32, C.R.S. Any such election may be held, on any date selected by the board, separately or may be consolidated or held concurrently with any other regular or special election. The declaration of public interest or necessity required and the provisions for the holding of such election may be included within one and the same resolution, which, in addition to such declaration of public interest or necessity, shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be, the amount of the principal of the indebtedness to be incurred therefor, and the maximum net effective interest rate to be paid on such indebtedness.

(2) Such resolution shall also fix the date upon which such election shall be held and the manner of holding the same and the method of voting for or against the incurring of the proposed indebtedness or the making of the proposed contract. Such resolution shall appoint a designated election official and provide for the duties thereof.

(3) (Deleted by amendment, L. 96, p. 1771, § 71, effective July 1, 1996.)
C.R.S. § 31-35-411 — CO Code / Title 31 / Article 35 / Part 4 / Section 31-35-411
31-35-411. Pledge of other utility revenues
Status: in_force

31-35-411. Pledge of other utility revenues. Any municipality having surplus and unpledged revenues of any municipal utility has the power to pledge such revenues for and deposit them in the fund created to pay the interest on and principal of revenue bonds issued pursuant to this part 4.
C.R.S. § 31-25-1112 — CO Code / Title 31 / Article 25 / Part 11 / Section 31-25-1112
31-25-1112. Sale - certificate of purchase - filing
Status: in_force

31-25-1112. Sale - certificate of purchase - filing. (1) At the time and place fixed in such notice, the treasurer of the taxing authority shall proceed to sell the property described in the notice and shall sell the same to the person who pays the amount fixed by the court and who further offers to accept the lowest rate of interest upon the amount so paid, which rate shall not exceed one percent per month. The treasurer may adjourn any such sale or cause the same to be adjourned from time to time by announcement at the time and place appointed for such sale. Without further notice or publication, such sale may be made at the time and place to which the same is so adjourned.

(2) Upon the completion of any sale, the treasurer of the taxing authority shall execute and deliver to the purchaser a certificate of purchase in substantially the following form:

"Certificate of Purchase.

THIS IS TO CERTIFY that on the .............. day of .............., A.D., 20......, the following described property, to wit:

(Description of Property)

was sold to .............. for the nonpayment of a special assessment for (nature of assessment) in the sum of $ ........ . If such property is not redeemed within three years from the above date, a deed to said property will issue to said .............., or his heirs, executors, administrators, or assigns.

If redemption is made, the holder hereof shall be entitled to interest on said amount at the rate of one percent per month from the date of said sale to the date of redemption.

IN WITNESS WHEREOF, I have hereunto set my hand at .............., Colorado, this ............ day of ............, A.D., 20.... .

.................................................

Treasurer of ............................"

(3) Certificates of purchase shall be filed in the office of the county clerk and recorder of the county where the property is situated.
C.R.S. § 31-10-504 — CO Code / Title 31 / Article 10 / Part 5 / Section 31-10-504
31-10-504. Number of voting booths or voting machines
Status: in_force

31-10-504. Number of voting booths or voting machines. (1) In municipalities which use paper ballots, the governing body shall provide in each polling place a sufficient number of voting booths. Each voting booth shall be situated so as to permit voters to prepare their ballots screened from observation and shall be furnished with such supplies and conveniences as will enable the voter to prepare his ballot for voting.

(2) In municipalities which use voting machines, the governing body shall supply each precinct with a sufficient number of voting machines.

(3) In municipalities which use an electronic voting system, the governing body shall provide adequate materials and equipment for the orderly conduct of voting.
C.R.S. § 31-15-902 — CO Code / Title 31 / Article 15 / Part 9 / Section 31-15-902
31-15-902. Deferred compensation plans
Status: in_force

31-15-902. Deferred compensation plans. (1) Notwithstanding any other provision of law, a municipality and its employees may participate in the deferred compensation plan of the international city management association retirement corporation, a nonprofit corporation approved by the United States internal revenue service for establishing a retirement plan. No statute restricting the deposit or investment of municipal money shall be applicable to moneys in such plan.

(2) In addition to the authority granted in subsection (1) of this section, any municipality may otherwise provide a deferred compensation plan for its employees and may, by contract, agree with an employee to defer all or a part of the employee's salary or wages. Funds of such plan may be used to purchase fixed or variable annuities from any life insurance company duly authorized to do an insurance and annuity business in this state or may otherwise be deposited and invested in accordance with any statute applicable to the deposit or investment of municipal money.

(3) If a municipality participates in or establishes a deferred compensation plan for its employees pursuant to this section and if such plan is in addition to any other pension or retirement plan provided by the municipality, the amount of an employee's deferred compensation shall continue to be counted as part of his total salary or wages for the purpose of computing any other pension or retirement contributions or benefits which are based on total salary or wages.
C.R.S. § 31-2-401 — CO Code / Title 31 / Article 2 / Part 4 / Section 31-2-401
31-2-401. Petition to change name
Status: in_force

31-2-401. Petition to change name. Proceedings to change the name of any city or town in this state may be initiated by filing with the governing body thereof a written petition therefor, which petition shall be signed by registered electors thereof equal in number to fifty percent of the total votes cast for all candidates for mayor in the last regular election of the city or town, requesting that the name of the city or town be changed.
C.R.S. § 31-10-1006 — CO Code / Title 31 / Article 10 / Part 10 / Section 31-10-1006
31-10-1006. Delivery to judges
Status: in_force

31-10-1006. Delivery to judges. Not later than 8:30 a.m. on the day of any municipal election, the clerk shall deliver to the judges of one of the precincts of the municipality, which precinct shall be selected by the clerk, all the absent voters' envelopes received up to that time, in sealed packages, taking a receipt for the packages, together with the list of absent voters, or, in the clerk's discretion, the clerk may elect to deliver the absent voters' envelopes received from electors of each precinct and the list of absent voters for each precinct to the judges of the precinct. The clerk shall continue to deliver any envelopes which may be received thereafter during said day up to and including 7 p.m. On the sealed packages shall be printed or written, "This package contains ....(number) absent voters' ballots." With the envelopes the clerk shall deliver to one of the election judges written instructions, which shall be followed by the judges of election in casting and counting the ballots, and all the books, records, and supplies as are needed for tabulating, recording, and certifying said absent voters' ballots.
C.R.S. § 31-23-212 — CO Code / Title 31 / Article 23 / Part 2 / Section 31-23-212
31-23-212. Jurisdiction
Status: in_force

31-23-212. Jurisdiction. The territorial jurisdiction of any commission over the subdivision of land includes all land located within the legal boundaries of the municipality and, limited only to control with reference to a major street plan and not otherwise, also includes all land lying within three miles of the boundaries of the municipality not located in any other municipality; except that in the case of any such land lying within five miles of more than one municipality, the jurisdiction of each commission shall terminate at a boundary line equidistant from the respective municipal limits of such municipalities. The jurisdiction over the subdivision of lands outside the boundary of a municipality shall apply equally to any municipality.
C.R.S. § 31-10-205 — CO Code / Title 31 / Article 10 / Part 2 / Section 31-10-205
31-10-205. Registration lists
Status: in_force

31-10-205. Registration lists. The county clerk and recorder of each county, no later than the fifth day preceding any municipal election in his or her county or upon receipt of the notice made pursuant to section 31-4-503 (3)(b), shall prepare a complete copy of the list of the registered electors of each municipal election precinct which is located within his or her county and is involved in such municipal election; but, in any municipal election precinct consisting of one or more whole general election precincts, the county registration books for such precinct may be used in lieu of a separate registration list. The registration list for each municipal election precinct shall contain, in alphabetical order, the names and addresses of all registered electors residing within the municipal election precinct whose names appeared on the county registration records at the close of business on the sixth day preceding the municipal election or, when notice is received pursuant to section 31-4-503 (3)(b), at the close of business on the date preceding receipt of such notice. The county clerk and recorder shall certify and deliver such registration lists or registration books to the respective clerks on or before the fifth day preceding the election.
C.R.S. § 31-12-409 — CO Code / Title 31 / Article 12 / Part 4 / Section 31-12-409
31-12-409. Property belongs to consolidated cities or towns
Status: in_force

31-12-409. Property belongs to consolidated cities or towns. All property, real or personal, belonging to any of the cities or towns prior to consolidation, unless the agreement for consolidation otherwise provides, immediately upon the accomplishment of consolidation, shall vest in and become the property of the consolidated city or town. All indebtedness, claims, demands, or rights owing or belonging to any of said cities or towns prior to consolidation in like manner shall vest in and become due to the consolidated city or town, which shall thereafter have the right to demand, have, sue for, recover, and enforce the same in its own name.
C.R.S. § 31-30-1134 — CO Code / Title 31 / Article 30 / Part 11 / Section 31-30-1134
31-30-1134. Statewide accidental death and disability insurance policy - department of local
Status: in_force

31-30-1134. Statewide accidental death and disability insurance policy - department of local affairs. (1) Beginning on July 1, 2004, the department of local affairs shall provide for and determine the cost of a statewide accidental death and disability insurance policy to cover all volunteer firefighters serving in volunteer or paid and volunteer fire departments, the insurance to be applicable only when serving as a volunteer firefighter. The policy shall be paid for as provided in section 31-30-1112 (2)(h)(II) from the proceeds of the tax imposed by section 10-3-209, C.R.S.

(2) The department of local affairs shall set the amount of coverage to be provided for each volunteer firefighter, take competitive bids for the policy from insurers, and make such rules as may be necessary to provide for the policy.

(3) The department of local affairs shall secure an accidental death and disability insurance policy that offers the best benefits available for the amount of moneys transferred to the department pursuant to section 31-30-1112 (2)(h)(II).

(4) The insurer shall have sole power to determine disability for volunteer firefighters under the policy provided by 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.
C.R.S. § 31-10-105 — CO Code / Title 31 / Article 10 / Part 1 / Section 31-10-105
31-10-105. Election commission
Status: in_force

31-10-105. Election commission. The election commission in municipalities having such commission has all the powers and jurisdiction and shall perform all the duties provided by this article with respect to clerks and governing bodies, but the election commission does not have the authority to call a special election.
C.R.S. § 31-20-305 — CO Code / Title 31 / Article 20 / Part 3 / Section 31-20-305
31-20-305. Collector to keep warrants - books - pay over weekly - receipt
Status: in_force

31-20-305. Collector to keep warrants - books - pay over weekly - receipt. It is the duty of the collector, if anyone except the treasurer is specially appointed, or the person acting in that capacity to preserve all warrants returned into his hands, and he shall keep such books and his accounts in such manner as the governing body prescribes. Such warrants, books, and all papers pertaining to his office at all times shall be open to the inspection of and subject to the examination of the mayor, any member of the governing body, or any committee thereof. He shall pay over to the treasurer weekly, and more often if required by the governing body, all moneys collected by him, taking such treasurer's receipt therefor, which receipt he shall immediately file with the clerk. The clerk, at the time of filing or on demand, shall give such collector a copy of any such receipt so filed.
C.R.S. § 31-25-539 — CO Code / Title 31 / Article 25 / Part 5 / Section 31-25-539
31-25-539. Effect of court order
Status: in_force

31-25-539. Effect of court order. If in any court of competent jurisdiction any final assessment made in pursuance of this part 5 is set aside or if the governing body determines it to be necessary to alter any final assessment made pursuant to this part 5, the governing body, upon notice as required in the making of an original assessment, may make a new assessment in accordance with the provisions of this part 5.
C.R.S. § 31-30-1129 — CO Code / Title 31 / Article 30 / Part 11 / Section 31-30-1129
31-30-1129. Funeral benefit
Status: in_force

31-30-1129. Funeral benefit. When an active volunteer firefighter or retired fire department member dies, the board shall pay a funeral benefit to assist in the proper burial of the deceased firefighter in an amount determined by the board of not more than twice the amount determined by the board under section 31-30-1122, but not less than one hundred dollars. The board shall pay this funeral benefit to any person who pays the necessary funeral expenses.
C.R.S. § 31-1-102 — CO Code / Title 31 / Article 1 / Part 1 / Section 31-1-102
31-1-102. Application - legislative intent
Status: in_force

31-1-102. Application - legislative intent. (1) In the recodification of this title, certain provisions which previously applied or may have been interpreted to apply to limited categories of municipalities have been applied to all municipalities, whether statutory, home rule, or special territorial charter. Except for those provisions which expressly apply only to limited categories of municipalities, it is the intent of the general assembly that the provisions of this title shall apply to home rule municipalities except insofar as superseded by charter or ordinance passed pursuant to such charter and to all statutory cities and towns and shall be available to special territorial charter cities and towns unless in conflict with the charters thereof. The general assembly further declares that in the recodification of this title and in the use of the term "municipality" in this title there is no legislative intent to affect or modify the application of the provisions of this title with respect to preemption of home rule or special territorial charter powers, which preemption may or may not have existed on the effective date of this recodification (July 1, 1975). The use of the term "municipality" in future additions or amendments to this title shall not in and of itself create a presumption for or against preemption of home rule or special territorial charter powers.

(2) Where any power is granted in this title to a specific municipal official or group of officials, that power may be exercised within any home rule municipality by the officials, to the extent and in the manner, designated in the particular home rule charter or ordinance passed pursuant to such charter.
C.R.S. § 31-30-1303 — CO Code / Title 31 / Article 30 / Part 13 / Section 31-30-1303
31-30-1303. Group health insurance plan
Status: in_force

31-30-1303. Group health insurance plan. (1) The governing body of an emergency service provider may enter into insurance contracts with carriers to provide group health insurance plans for its bona fide volunteers. The cost of the plans, sources of funding, amount of contributions required from bona fide volunteers, coverage parameters, and eligibility requirements shall be negotiated by the governing body and the carrier. Nothing in this section shall be construed to preclude a governing body from participating in an insurance pool or from allowing its bona fide volunteers to participate in the group health insurance plan offered to the paid employees of the governing body.

(2) The administration and management of a group health insurance plan shall be the exclusive responsibility of the carriers of the plan.

(3) This section shall apply only to bona fide volunteers deemed to be active and in good standing by the emergency service provider.
C.R.S. § 31-10-1007 — CO Code / Title 31 / Article 10 / Part 10 / Section 31-10-1007
31-10-1007. Casting and counting absentee ballots
Status: in_force

31-10-1007. Casting and counting absentee ballots. (1) If the self-affirmation on the envelope containing the absentee voter's ballot is properly sworn to, one of the judges shall open such voter's identification envelope in the presence of a majority of the judges, and, after announcing in an audible voice the name of such absentee voter, he or she shall tear open such envelope without defacing the self-affirmation printed thereon or mutilating the enclosed ballot. Such ballot must then be cast and counted in the same manner as if such absentee voter had been present in person; except that one of the judges shall deposit the ballot in the ballot box without unfolding it. If the absentee voters' ballots are delivered to the judges of one precinct selected by the clerk as provided by section 31-10-1006, the absentee vote must be certified separately from the vote of the precinct where it is counted.

(2) (Deleted by amendment, L. 91, p. 642, § 90, effective May 1, 1991.)
C.R.S. § 31-25-615 — CO Code / Title 31 / Article 25 / Part 6 / Section 31-25-615
31-25-615. County officers to levy and collect taxes - lien
Status: in_force

31-25-615. County officers to levy and collect taxes - lien. It is the duty of the body having authority to levy taxes within such county to levy the taxes certified to it as provided in this part 6. It is the duty of all officials charged with the duty of collecting taxes to collect and enforce such taxes at the time and in the form and manner and with like interest and penalties as other taxes are collected and, when collected, to pay the same to the district ordering its levy and collection. The payment of such collections shall be made monthly to the treasurer of the district and paid into the depository thereof to the credit of the district. All taxes levied under this part 6, together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same shall constitute a lien, until paid, on and against the property taxed, and such lien shall be a lien as for all other general taxes.
C.R.S. § 31-25-407 — CO Code / Title 31 / Article 25 / Part 4 / Section 31-25-407
31-25-407. Establishment of the mall
Status: in_force

31-25-407. Establishment of the mall. (1) Not later than one hundred eighty days following the adoption of the resolution establishing the pedestrian mall as provided in this part 4, the governing body may adopt on first reading an ordinance finally establishing the pedestrian mall. Such ordinance shall contain:

(a) A general description of the pedestrian mall and a declaration and determination that the same is established. The mall as finally established shall be substantially the same as or any portion of that described in the resolution of intention.

(b) Rules and regulations prohibiting vehicular traffic on such pedestrian mall subject to such exceptions as the ordinance may provide. Such rules and regulations and such exceptions are to follow substantially those statements made in the resolution of intention.

(c) Such additional rules and regulations as the governing body may determine pertaining to the interpretation, operation, and enforcement of the rules and regulations promulgated under paragraph (b) of this subsection (1) and otherwise pertaining to the use, operation, maintenance, and control of the pedestrian mall;

(d) Such provisions as the governing body deems necessary pertaining to the effective date of any such rules or regulations.

(2) Such ordinance shall be adopted and published and shall take effect in the manner provided by law or charter for ordinances of the municipality.

(3) Such ordinance shall be subject to referendum in the same manner as other ordinances of the municipality. The pedestrian mall shall not be closed to vehicular traffic, in whole or in part, under such ordinance until all claims for damages have been paid or properly secured as provided in this part 4.

(4) Proceedings under this part 4 and the adoption of such ordinance notwithstanding, the municipality and its governing body shall retain its police powers and other rights and powers relating to the municipal streets and rights-of-way constituting a part of the pedestrian mall. No action taken pursuant to this part 4 shall be interpreted or construed to be a vacation or abandonment, in whole or in part, of any municipal street or any right therein, it being intended that the establishment of a pedestrian mall pursuant to this part 4 be a matter of appropriate additional regulation only.

(5) Nothing in this section shall be interpreted or construed to prevent the municipality and its governing body, at any time subsequent to the adoption of the ordinance provided for in this part 4, from abandoning the operation of the pedestrian mall, from changing the extent of the pedestrian mall, or from changing or repealing any of the rules and regulations pertaining to the pedestrian mall; but any substantial change made after the adoption of the ordinance provided for in this section will create potential liability for new or additional claims which could not have been foreseen prior to the date of the hearing on the original establishment of the pedestrian mall.
C.R.S. § 31-10-703 — CO Code / Title 31 / Article 10 / Part 7 / Section 31-10-703
31-10-703. Sample ballots, ballot labels, and cards of instruction
Status: in_force

31-10-703. Sample ballots, ballot labels, and cards of instruction. (1) Sample ballots shall be printed and in the possession of the clerk ten days before the election and shall be subject to public inspection. The sample ballots shall be arranged in the form of a diagram showing the front of the voting machine as it will appear after the official ballot labels are arranged thereon for voting on election day. Such sample ballots may be either in full or reduced size. The clerk shall provide at least two sample ballots for each election precinct, to be delivered to the judges of election and posted in the polling place on election day.

(2) The clerk shall also prepare and place on each voting machine to be used in election precincts under the clerk's supervision a set of official ballot labels arranged in the manner prescribed for the official election ballot to be used on voting machines. When there is more than one person to be elected to an office, there shall be provided two, and only two, spaces for write-in purposes for each different office. No cross mark (X) shall be required opposite the name of a write-in candidate. Candidate names shall be arranged by lot as prescribed by the municipal clerk under the designation of the office. The clerk shall deliver the required number of voting machines, equipped with the official ballot, to each election precinct no later than the day prior to the day of election.

(3) Cards of instruction for the guidance of voters in casting their ballots on voting machines shall also be supplied by the clerk as provided in section 31-10-906.
C.R.S. § 31-25-620 — CO Code / Title 31 / Article 25 / Part 6 / Section 31-25-620
31-25-620. Board can issue bonds - form
Status: in_force

31-25-620. Board can issue bonds - form. (1) To carry out the purposes of this part 6, the board is hereby authorized pursuant to a duly adopted ordinance to issue bonds of the district. Such bonds shall bear interest at a rate such that the net effective interest rate of the issue of bonds does not exceed the maximum net effective interest rate authorized, payable at such times as determined by the board, and shall be due and payable in installments at such times as determined by the board extending not more than twenty years from date of issuance. The form and terms of said bonds, including provisions for their sale, payment, and redemption, shall be determined by the board. To the extent required by section 20 of article X of the Colorado constitution, such bonds shall not be issued unless first approved at an election held for that purpose in accordance with articles 1 to 13 of title 1, C.R.S., or article 10 of this title. If the board so determines, such bonds may be redeemable prior to maturity, with or without payment of a premium, but no premium shall exceed three percent of the principal thereof. The bonds shall be executed in the name of and on behalf of the district and signed by the presiding officer of the board with the seal of the district affixed thereto and attested by the secretary of the board. Such bonds shall be in such denominations as the board shall determine. Interest coupons, if any, shall bear the original or facsimile signature of the presiding officer of the board. Under no circumstances shall any of said bonds be held to be an indebtedness, obligation, or liability of the municipalities or counties in which the district is located, and bonds issued pursuant to the provisions of this part 6 shall contain a statement to that effect.

(2) (a) As used in this part 6, "net effective interest rate" means the net interest cost of securities divided by the sum of the products derived by multiplying the principal amount of the securities maturing on each maturity date by the number of years from their date to their respective maturities. In all cases, net effective interest rate shall be computed without regard to any option of redemption prior to the designated maturity dates of the securities.

(b) For the purpose of determining the net effective interest rate, "net interest cost" means the total amount of interest to accrue on securities from their date to their respective maturities, less the amount of any premium above par, or plus the amount of any discount below par, at which said bonds are being or have been sold. In all cases net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the securities.
C.R.S. § 31-1-201 — CO Code / Title 31 / Article 1 / Part 2 / Section 31-1-201
31-1-201. Classification of municipalities
Status: in_force

31-1-201. Classification of municipalities. (1) With respect to the exercise of corporate and municipal powers, the municipalities of this state are divided into the following classifications:

(a) Cities or towns incorporated prior to July 3, 1877, which have retained such organization;

(b) Cities or towns organized pursuant to the provisions of article XX of the state constitution;

(c) Cities and towns organized pursuant to the provisions of this title or of any other general law on or after July 3, 1877, which have not chosen to adopt a home rule charter under the provisions of article XX of the state constitution.
C.R.S. § 31-25-202 — CO Code / Title 31 / Article 25 / Part 2 / Section 31-25-202
31-25-202. Acquisition by purchase
Status: in_force

31-25-202. Acquisition by purchase. No land or interest in land shall be purchased for the purposes set forth in section 31-25-201 (1) until the governing body adopts an ordinance authorizing such purchase which states the location and legal description of the lands to be purchased, the price to be paid, and the manner of payment or unless the proposed purchase of such lands is submitted upon petition pursuant to section 31-25-203 and approved by the registered electors of such city.
C.R.S. § 31-12-110 — CO Code / Title 31 / Article 12 / Part 1 / Section 31-12-110
31-12-110. Findings
Status: in_force

31-12-110. Findings. (1) Upon the completion of the hearing, the governing body of the annexing municipality, by resolution, shall set forth its findings of fact and its conclusion based thereon with reference to the following matters:

(a) Whether or not the requirements of the applicable provisions of section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 have been met;

(b) Whether or not an election is required under section 30 (1)(a) of article II of the state constitution and section 31-12-107 (2).

(2) The governing body shall also determine whether or not additional terms and conditions are to be imposed.

(3) A finding that the area proposed for annexation does not comply with the applicable provisions of section 30 of article II of the state constitution or sections 31-12-104 and 31-12-105 shall terminate the annexation proceeding.