C.R.S. § 31-4-207.5 — CO Code / Title 31 / Article 4 / Part 2 / Section 31-4-207.5
31-4-207.5. Mayor - powers and duties
Status: in_force

31-4-207.5. Mayor - powers and duties. The mayor shall be the presiding officer of the city council and shall have the same voting powers as any member of said council. The mayor shall be considered a member of the governing body and the city council and shall be recognized as the head of the city government for all ceremonial purposes, by the courts for serving civil processes, and by the government for purposes of military law. In addition, the mayor shall exercise such other powers and perform such other duties as are conferred and imposed upon him by this part 2 or the ordinances of the city.
C.R.S. § 31-25-702 — CO Code / Title 31 / Article 25 / Part 7 / Section 31-25-702
31-25-702. Power to establish cemeteries
Status: in_force

31-25-702. Power to establish cemeteries. The governing body of any municipality has power to establish and regulate cemeteries within or without the municipality, to acquire lands therefor, by purchase or otherwise, and to cause cemeteries to be removed and prohibit their establishment within one mile of the municipality.
C.R.S. § 31-15-707 — CO Code / Title 31 / Article 15 / Part 7 / Section 31-15-707
31-15-707. Municipal utilities
Status: in_force

31-15-707. Municipal utilities. (1) The governing body of each municipality has the power:

(a) (I) To acquire waterworks, gasworks, and gas distribution systems for the distribution of gas of any kind or electric light and power works and distribution systems, or heating and cooling works and distribution systems for the distribution of heat and cooling obtained from geothermal resources, solar or wind energy, hydroelectric or renewable biomass resources, including waste and cogenerated heat, and all appurtenances necessary to any of said works or systems or to authorize the erection, ownership, operation, and maintenance of such works and systems by others. No such works or systems, except waterworks, shall be acquired or erected by a municipality until the question of acquiring or erecting the same is submitted at a regular or special election and approved in the manner provided for authorization of bonded indebtedness by section 31-15-302 (1)(d) and in accordance with the requirements of law, including requirements of law relating to the acquisition and financing of public utilities by municipalities. The question of acquiring or erecting a waterworks need not be so submitted and approved at an election.

(II) All such works or systems authorized by any municipality to be erected by others or the franchise of which is extended or renewed shall be authorized, extended, or renewed upon the express condition that such municipality has the right and power to purchase or condemn any such works or systems at their fair market value at the time of purchasing or condemning such works or systems, excluding all value of the franchise or right-of-way through the streets and also excluding any value by virtue of any contract for hydrant or private rental or otherwise entered into with the municipality in excess of the fair market value of the works or systems. If, after an election conducted in the manner prescribed in section 31-15-302 (1)(d), the municipality is authorized to acquire any of said works or systems after granting a franchise therefor to any person, the municipality shall purchase or condemn such works or systems within the municipal limits then utilized in serving the inhabitants of such municipality at their fair market value. Nothing in this subparagraph (II) shall require such municipality to purchase or condemn all or any part of such works or systems which is obsolete or which has outworn its usefulness.

(III) If the municipality elects to purchase such works or systems and if the parties in interest cannot agree on the purchase price, they shall enter into a written agreement to arbitrate the matter and to abide by the award of the arbitrators, in which event each party shall choose an arbitrator to determine their fair market value. If the two arbitrators cannot agree on the fair market value, they shall choose a third disinterested arbitrator, and the award of any two arbitrators shall be final and binding upon the parties.

(IV) Nothing in this paragraph (a) shall authorize the condemnation or purchase of any such works or systems within twenty years after the granting of any franchise therefor, except at periods of ten or fifteen years thereafter, without the consent of the owner of the franchise.

(b) To construct or authorize the construction of such waterworks without their limits and, for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and all reservoirs, streams, trenches, pipes, and drains used in and necessary for the construction, maintenance, and operation of the same and over the stream or source from which the water is taken for five miles above the point from which it is taken and to enact all ordinances and regulations necessary to carry the power conferred in this paragraph (b) into effect;

(c) To make such grant to inure for a term of not more than twenty-five years when the right to build and operate such water, gas, heating and cooling, or electric light works is granted to a person by said municipality and to authorize such person to charge and collect from each person supplied by them with water, gas, heat, cooling, or electric light such water, gas, heat, cooling, or electric light rent as may be agreed upon between the person building said works and said municipality; and to enter into a contract with the person constructing said works to supply said municipality with water for fire purposes and for such other purposes as may be necessary for the health and safety thereof and also with gas, heat, cooling, and electric light and to pay therefor such sums as may be agreed upon between said contracting parties;

(d) To assess from time to time, when constructing such water, gas, heating and cooling, or electric light works and in such manner as it deems equitable, upon each tenement or other place supplied with water, gas, heat, cooling, or electric light, such water, gas, heat, cooling, or electric light rent as may be agreed upon by the governing body. Gas, heat, cooling, and electric light shall be charged for according to use. At the regular time for levying taxes in each year, said municipality is empowered to levy and cause to be collected, in addition to the other taxes authorized to be levied, a special tax on taxable property in said municipality. Such tax, with the water, gas, heat, cooling, or electric light rents hereby authorized, shall be sufficient to pay the expenses of running, repairing, and operating such works. If the right to build, maintain, and operate such works is granted to a person by a municipality and the municipality contracts with said person for the supplying of water, gas, heat, cooling, or electric light for any purpose, such municipality shall levy each year and cause to be collected a special tax, as provided for in this paragraph (d), sufficient to pay off such water, gas, heat, cooling, or electric light rents so agreed to be paid to said person constructing said works. The tax shall not exceed the sum of three mills on the dollar for any one year.

(e) To condemn and appropriate so much private property as is necessary for the construction and operation of water, gas, heating and cooling, or electric light works in such manner as may be prescribed by law; and to condemn and appropriate any water, gas, heating and cooling, or electric light works not owned by such municipality in such manner as may be prescribed by law for the condemnation of real estate.
C.R.S. § 31-15-302 — CO Code / Title 31 / Article 15 / Part 3 / Section 31-15-302
31-15-302. Financial powers - legislative declaration
Status: reserved

31-15-302. Financial powers - legislative declaration. (1) The governing bodies in municipalities shall have the following general powers in relation to the finances of the municipality:

(a) To control the finances and property of the corporation;

(b) To appropriate money for municipal purposes only and provide for payment of debts and expenses of the municipality;

(c) To levy and collect taxes for general and special purposes on real and personal property;

(d) (I) To contract indebtedness on behalf of the municipality and upon the credit thereof by borrowing money or issuing the bonds of the municipality for any public purpose of the municipality, including but not limited to the following purposes: Supplying water, gas, heating and cooling, and electricity; purchasing land; and purchasing, constructing, extending, and improving public streets, buildings, facilities, and equipment; and for the purpose of supplying a temporary deficiency in the revenue for defraying the current expenses of the municipality.

(II) The total amount of indebtedness for all such purposes shall not at any time exceed three percent of the actual value, as determined by the assessor, of the taxable property in the municipality except such debt as may be incurred in supplying water. No loan for any purpose shall be made except by ordinance, which shall be irrepealable until the indebtedness provided for is fully paid or discharged, specifying the purposes to which the funds to be raised shall be applied and providing for the levying of a tax which, together with such other revenue, assets, or funds as may be pledged, is sufficient to pay the annual interest and extinguish the principal of said debt within the time limited for the debt to run, which, except such debt as may be incurred in supplying water, shall not be more than thirty years, and further providing that said tax, when collected, shall only be applied for the purposes specified in said ordinance until the indebtedness is paid and discharged. No debt shall be created, except in supplying water, unless the question of incurring the same is submitted, at a regular or special election of the municipality, to the registered electors thereof as defined by the "Colorado Municipal Election Code of 1965" and a majority of the registered electors voting upon the question vote in favor of creating such debt.

(III) No statutory provisions of any other law limiting or fixing tax rates shall limit the provisions of this paragraph (d).

(IV) Bonds issued under this paragraph (d) may mature serially during a period of not more than thirty years from the date thereof, in which event the amounts of such annual maturities shall be fixed by the governing body; except that bonds issued to supply water may mature over a longer period. If the governing body so determines, said bonds may be redeemable prior to maturity with or without payment of a premium, not exceeding three percent of the principal thereof. In any event said bonds shall be subject to call commencing not later than fifteen years after the date thereof. The right to redeem all or part of said bonds prior to their maturity and the order of any such redemption shall be reserved in the ordinance authorizing the issuance of bonds and shall be set forth on the face of said bonds.

(V) The ordinance or resolution submitting the question of contracting an indebtedness shall contain a statement of the maximum net effective interest rate at which said indebtedness may be incurred.

(VI) (A) The governing body of any municipality, having received approval at an election to issue bonds and having determined that the limitations of the original election question are too restrictive to permit the advantageous sale of the bonds so authorized, may submit at another regular or special election the question of issuing the bonds or any portion thereof at a higher maximum net effective interest rate than the maximum interest rate or maximum net effective interest rate approved at the original election; the question of issuing the bonds or any portion thereof to mature over a longer period of time than the maximum period of maturity approved at the original election; or both such questions.

(B) An election held pursuant to this subparagraph (VI) shall be held in substantially the same manner as an election to authorize bonds initially except as may be required for the submission of the limited question permitted under this subparagraph (VI).

(C) At an election held pursuant to this subparagraph (VI), if the changes submitted are not approved, such result shall not impair the authority of the governing body at a later time to issue the bonds originally approved within the limitations established at the first election.

(e) To prescribe, by general ordinance, the manner in which the charge on the respective owners of lots or lands, and on the lots or lands, shall be assessed and determined for the purposes so authorized by law. Such charge, when assessed, shall be payable by the owners at the time of the assessment, personally, and also shall be a lien upon the respective lots or parcels of land from the time of the assessment. Such charge may be collected and such lien enforced by a proceeding at law or in equity, either in the name of such municipality or of any person to whom it has directed payment be made. In any such proceedings, where pleadings are required, it shall be sufficient to declare generally for work and labor done and materials furnished on the particular street, alley, or highway or for water rent or gas used. Proceedings may be instituted against all the owners, or any of them, to enforce the lien against all the lots or land, or each lot or parcel, or any number of them embraced in any one assessment; but the judgment or decree shall be entered separately for the amount properly chargeable to each. Any proceedings may be severed in the discretion of the court for the purpose of trial, review, or appeal.

(f) (I) For the purpose of providing and accumulating funds for the construction, acquisition, or improvement of public buildings, water facilities, sewer facilities, heating and cooling works, or other public works or to supplement bond issues for the same purpose, the governing body of each municipality is authorized to create, by resolution, a public works fund, setting forth in such resolution the description and location of the buildings, water facilities, sewer facilities, heating and cooling works, or other public works to be constructed, acquired, or improved; the estimated cost of the same; the annual tax levy required; and the number of years such a levy should be made; and the time of a public hearing. In lieu of an ad valorem levy, the governing body of the municipality may provide for other taxes or revenues authorized by law which will produce equivalent funds.

(II) If the amount needed does not require a tax levy in excess of two mills, the governing body is authorized, after a public hearing, to make such a levy without putting the proposition to a vote of the qualified electors. If a special levy in excess of two mills for any one fiscal year is required, the governing body, by resolution, in their discretion may submit to the registered electors of such municipality the question of making such a special levy. The special election may be held on the same day as any other special or general election.

(III) In submitting the question to said electors, a ballot shall be printed giving the description and location of the public buildings, water facilities, sewer facilities, or other public works to be constructed, acquired, or improved; the estimated maximum amount to be expended for each single purpose; and the maximum mill levy, if any, required for each specified year. Each project shall be printed separately on the ballot.

(IV) The money derived from the special levy authorized shall be credited by the treasurer of the respective municipality to a special fund to be known as the public works fund. Such funds may be accumulated and held over for expenditure in subsequent years, but they shall be used only for the public works authorized. The governing body may change the purpose for which the fund may be expended after holding a public hearing. When the public works have been constructed, acquired, or improved and paid for, any unexpended balance in the public works fund shall be transferred to the general fund of the municipality.

(g) To deposit any moneys of general or special funds in any depository authorized in section 24-75-603, C.R.S. For the purpose of making such deposits, the governing body of a municipality may appoint, by written resolution, one or more persons to act as custodians of the moneys of the municipality. Such persons shall give surety bonds in such amounts and form and for such purposes as the governing body requires.

(h) To enter into installment purchase contracts or shared-savings contracts or otherwise incur indebtedness under section 29-12.5-103, C.R.S., to finance energy conservation and energy saving measures and enter into contracts for an analysis and recommendations pertaining to such measures under section 29-12.5-102, C.R.S.;

(i) (I) For a municipality that has a population of twenty thousand or fewer residents, to enter into contracts with a health-care provider, who is licensed in this state, to provide health-care services to such municipality. Such health-care providers shall be known as "community contracted health-care providers".

(II) The general assembly hereby finds, determines, and declares that access to health-care services in rural areas is an increasing problem in Colorado. Some rural Coloradans do not have access to a primary care provider in their town and are forced to travel. It is the intent of the general assembly to ease the strain on rural Coloradans' health-care needs by allowing a municipality with twenty thousand or fewer residents to contract with a health-care provider to provide health-care services to rural areas.

(III) (Deleted by amendment, L. 2008, p. 212, § 1, effective March 26, 2008.)

(j) To establish and administer an incentive program to directly incentivize improvement in an area of specific local concern related to the use of real property in the municipality in accordance with section 31-20-101.7.
C.R.S. § 31-23-227 — CO Code / Title 31 / Article 23 / Part 2 / Section 31-23-227
31-23-227. Allocation of powers or duties
Status: in_force

31-23-227. Allocation of powers or duties. (1) The governing body of a municipality may, by ordinance, assume and exercise any power granted to or duty placed upon the municipal planning commission by this part 2 and may, by ordinance, delegate to the municipal planning commission or other appropriate municipal body any power granted to or duty placed upon the municipal governing body by this part 2, providing that the right to appeal to the municipal governing body is retained in any such delegation; except that the power to impose fines and penalties may not be delegated.

(2) The governing body of a municipality may, by ordinance, enter into an intergovernmental agreement with the county or counties in which it is located for the purposes of joint participation in land use planning, subdivision procedures, and zoning for a specific area designated in the intergovernmental agreement. However, any action taken pursuant to the intergovernmental agreement that pertains to any land within the municipality is subject to final approval by the governing body of the municipality.
C.R.S. § 31-25-503 — CO Code / Title 31 / Article 25 / Part 5 / Section 31-25-503
31-25-503. What improvements may be made - conditions
Status: repealed

31-25-503. What improvements may be made - conditions. (1) A district may be created within the boundaries of a municipality and may also include any property in the unincorporated area of the county within which the municipality is situated if such county consents by resolution to such district and the construction or acquisition of improvements therein. In addition, such district may also include any property in another municipality within such county if such municipality consents by ordinance to such district and the construction or acquisition of the improvements therein. If a district includes property within a county by county consent or within another municipality by municipal consent, the municipality shall have full authority to construct or acquire improvements, to assess property within the county or such municipality benefited by such improvements, and to enforce and collect such assessments in the manner provided in this part 5; but:

(a) No improvement, except as provided in paragraph (d) of this subsection (1) and except for sidewalks, water mains, sewers, and sewage disposal works and their appurtenances, shall be ordered under this part 5 unless a petition for the same is first presented. The petition shall be subscribed by the owners of property to be assessed for more than one-half of the entire costs estimated by the governing body to be assessed. Except as specified in this section, nothing in this part 5 shall restrict the right of such owners from securing any particular kind or variety of improvements petitioned for. In any case where a proposed improvement district includes two or more assessment units, the owners of property to be assessed for more than one-half of the entire costs estimated by the governing body to be assessed in each assessment unit shall petition as specified in this part 5.

(b) If the owners of property to be assessed for more than one-half of the entire costs estimated by the governing body to be assessed petition for any particular kind of improvement and for any particular materials to be used in the same, the improvement shall be ordered in accordance with the petition, and the materials so designated shall be used, except as otherwise provided in this section;

(c) If the material petitioned for by the owners of property to be assessed for more than one-half of the entire costs estimated by the governing body to be assessed does not encourage competition, the petitioners shall have the right to state in the petition the maximum price per square yard or linear foot or per unit at which the improvement is desired, and no contract shall be let for any such improvement at a price exceeding the maximum price fixed in said petition, excluding the cost of engineering, collection, inspection, incidentals, and interest;

(d) Any improvement may be initiated directly by the governing body by resolution declaring its intention to construct the improvements. If initiated by such resolution, the governing body shall make a preliminary order as required by subsection (3) of this section in the same manner as if the improvements had been requested by petition. Such preliminary order may be included in the resolution of intention to construct the improvements. However, if written protests are submitted prior to the hearing referred to in subsection (4) of this section subscribed by the owners of property to be assessed for more than one-half of the entire costs estimated by the governing body to be assessed, the governing body shall not proceed with such special improvement district, based on the preliminary order so protested. Such protests shall not prevent the governing body from adopting a subsequent preliminary order for such improvements, subject to notice, hearing, and protest, as provided in this part 5.

(2) The governing body shall encourage competition by advertising for and receiving bids for such construction and, insofar as possible within the limits of the petition, shall describe all materials by standard or quality in the specifications.

(3) Before contracting for or ordering any work to be constructed, a preliminary order shall be made by the governing body, adopting preliminary plans and specifications for the same, definitely describing the materials to be used or stating that one of several specified materials shall be chosen, determining the number of installments and the time in which the cost of the improvement shall be payable, and the property to be assessed for the same, as provided in this part 5, and requiring an estimate of the cost to be made by the municipal engineer or any similar officer or employee, together with a map of the district in which the improvement is to be made and a schedule showing the approximate amounts to be assessed upon the several lots or parcels of property within the district. The cost estimates and approximate amounts to be assessed shall be formulated in good faith on the basis of the best information available to the governing body but shall not be binding.

(4) The clerk shall give notice of the hearing on the construction of the improvements by publication in one issue of a newspaper of general circulation in the municipality, the publication to be at least twenty days prior to the date of the hearing. In addition, notice shall be mailed by first-class mail to each property owner to be assessed for the cost of the improvements who is included within the district. The mailed notice shall be made on or about the date of the publication of the notice of hearing. The notice shall set forth the following information:

(a) The kind of improvements proposed;

(b) The number of installments;

(c) The time in which the cost shall be payable;

(d) Repealed.

(e) The extent of the district to be improved;

(f) The probable cost per front foot or other unit basis which, in the judgment of the governing body, reflects the benefits which accrue to the properties to be assessed, as shown by the estimates of the engineer;

(g) The time, not less than twenty days after the publication, when an ordinance authorizing the improvements will be considered;

(h) That said map and estimate and schedule showing the approximate amounts to be assessed and all resolutions and proceedings are on file and can be seen and examined by any interested person at the office of the clerk, or other designated place, at any time within said period of twenty days; and

(i) That all complaints and objections made in writing concerning the proposed improvement by the owners of any property to be assessed will be heard and determined by the governing body before final action is taken.

(4.5) If the petition for an improvement is signed by one hundred percent of the owners of property to be assessed and contains a request for such waiver, the governing body may, at its discretion, waive all or any of the requirements for notice, publication, and a hearing set forth in subsection (4) of this section.

(5) The finding by ordinance or resolution of the governing body that said improvements were duly ordered after notice duly given and after hearing duly held when such notice and hearing are required pursuant to this section, that such petition was presented, and that the petition was subscribed by all or the required number of owners shall be conclusive of the facts so stated in every court or other tribunal.

(6) Any resolution or order in the premises may be modified, confirmed, or rescinded at any time prior to the passage of the ordinance authorizing the improvements.

(7) The specifications for paving may include sidewalks, curbs, gutters, and grading, and sufficient culverts, sewers, or drains necessary to carry off the surface waters across or along the line of the street improved, and such other incidentals to paving as, in the judgment of the governing body, may be required. The specifications may also provide that bidders shall agree to enter into contract to do the work and maintain the same in good repair for a period of five years, and the contract may be entered into in accordance with such specifications.

(8) If, before any such improvements are made, any piece of real estate or any railway company to be assessed already has an improvement conforming to the general plan or satisfactory to the governing body, an allowance therefor may be made to the owner, and such allowance may be deducted from the owner's assessment and from the contract price.

(9) (a) Any other provision of this part 5 to the contrary notwithstanding, the governing body may create a district for the purpose of acquiring existing improvements of a character authorized by this part 5, in which case, the provisions of this part 5 concerning construction of improvements by the municipality, competitive bidding, and preliminary plans and specifications shall not apply.

(b) Any other provision of this part 5 notwithstanding, the governing body may create an improvement district for the purpose of encouraging, accommodating, and financing renewable energy improvements and energy efficiency improvements of a character authorized by section 31-25-502 (2). Any such district shall include only property for which the owner has executed a contract or agreement consenting to the inclusion of such property within the district, and such consent may occur subsequent to the adoption of the ordinance of the governing body forming the district. The inclusion of such property within the district subsequent to the adoption of the ordinance of the governing body forming the district may be made by the adoption of a supplemental or amending ordinance or resolution of the governing body. For districts formed for the purpose of encouraging, accommodating, and financing renewable energy improvements or energy efficiency improvements, the provisions of subsections (2) and (3) of this section concerning preliminary orders, competitive bidding, and preliminary plans and specifications, of section 31-25-516 concerning contracts for construction, and of section 31-25-518 concerning contract provisions shall not apply.

(c) The contract or agreement shall note the existence of any first priority mortgage or deed of trust on the property, the identity of the record holder thereof, and the penalty for default provided in section 31-25-530 clearly stating that default, like the penalties that exist for default on any mortgage or any other special assessment, may result in the loss of the applicant's home. Within thirty days of a person's submission of an application to the district, the governing body shall provide written notice to the record holder of any first priority mortgage or deed of trust on the real property that the person is participating in the district.

(10) The governing body is authorized to enter into contracts and agreements with any owner of property within the district or any other person concerning the construction or acquisition of improvements, the assessment of the cost thereof, the waiver or limitation of legal rights, or any other matter concerning the district.

(11) At or about the time of publication by the governing body of any ordinance creating a district, a copy of such ordinance shall be provided to the county assessor, the county treasurer, and the division of local government in the department of local affairs. The governing body shall make a good faith attempt to comply with this subsection (11), but failure to comply shall not affect or impair the organization of any district, the construction or acquisition of improvements therein, the levying and collection of assessments, or any other matter pursuant to the provisions of this part 5.
C.R.S. § 31-25-517 — CO Code / Title 31 / Article 25 / Part 5 / Section 31-25-517
31-25-517. Sidewalks - water mains - sewers
Status: in_force

31-25-517. Sidewalks - water mains - sewers. In ordering the construction of sidewalks, water mains, or sewers, the procedure shall be as required in section 31-25-503 (2), (3), (4), (5), (6), and (8) but shall not be subject to section 31-25-503 (1)(a) to (1)(c) and (7).
C.R.S. § 31-4-209 — CO Code / Title 31 / Article 4 / Part 2 / Section 31-4-209
31-4-209. Rules - business - journal
Status: in_force

31-4-209. Rules - business - journal. The city council shall determine its own rules, procedure, and order of business and shall keep a journal of its proceedings. It may compel attendance of members and may punish members for misconduct.
C.R.S. § 31-4-104 — CO Code / Title 31 / Article 4 / Part 1 / Section 31-4-104
31-4-104. Wards
Status: in_force

31-4-104. Wards. Every city shall be divided by the city council into wards, and such wards shall be numbered consecutively beginning with the number one. The boundaries of said wards shall not be changed more often than once in six years, unless change is necessary to conform to constitutional apportionment requirements. Territory added to the city shall become a part of such ward or wards as may be determined by ordinance; but this shall not prevent apportionment to conform to constitutional requirements. The boundaries and number of wards shall be changed only by majority vote of all members elected to the governing body.
C.R.S. § 31-25-401 — CO Code / Title 31 / Article 25 / Part 4 / Section 31-25-401
31-25-401. Short title
Status: in_force

31-25-401. Short title. This part 4 shall be known and may be cited as the "Public Mall Act of 1970".
C.R.S. § 31-12-309 — CO Code / Title 31 / Article 12 / Part 3 / Section 31-12-309
31-12-309. Termination of offices
Status: in_force

31-12-309. Termination of offices. If the question so submitted is submitted at a regular election of such city or town and it appears from the canvass that a majority of the votes cast at such election upon the question are "For Annexation", all votes for officers of such city or town, or upon any other question submitted at said election, and all certificates of election issued in pursuance thereof shall be of no force or effect. In such case, upon the approval of the report by the district court, the terms of office of the dissolved city or town shall cease.
C.R.S. § 31-12-105 — CO Code / Title 31 / Article 12 / Part 1 / Section 31-12-105
31-12-105. Limitations
Status: in_force

31-12-105. Limitations. (1) Notwithstanding any provisions of this part 1 to the contrary, the following limitations apply to all annexations:

(a) In establishing the boundaries of any territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, shall be divided into separate parts or parcels without the written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way.

(b) In establishing the boundaries of any area proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of two hundred thousand dollars for ad valorem tax purposes for the year next preceding the annexation) shall be included under this part 1 without the written consent of the landowners unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. In the application of this paragraph (b), contiguity shall not be affected by a dedicated street, road, or other public way.

(c) No annexation pursuant to section 31-12-106 and no annexation petition or petition for an annexation election pursuant to section 31-12-107 shall be valid when annexation proceedings have been commenced for the annexation of part or all of such territory to another municipality, except in accordance with the provisions of section 31-12-114. For the purpose of this section, proceedings are commenced when the petition is filed with the clerk of the annexing municipality or when the resolution of intent is adopted by the governing body of the annexing municipality if action on the acceptance of such petition or on the resolution of intent by the setting of the hearing in accordance with section 31-12-108 is taken within ninety days after the said filings if an annexation procedure initiated by petition for annexation is then completed within the one hundred fifty days next following the effective date of the resolution accepting the petition and setting the hearing date and if an annexation procedure initiated by resolution of intent or by petition for an annexation election is prosecuted without unreasonable delay after the effective date of the resolution setting the hearing date.

(d) As to any annexation which will result in the detachment of area from any school district and the attachment of the same to another school district, no annexation pursuant to section 31-12-106 or annexation petition or petition for an annexation election pursuant to section 31-12-107 is valid unless accompanied by a resolution of the board of directors of the school district to which such area will be attached approving such annexation.

(e) (I) Except as otherwise provided in this paragraph (e), no annexation may take place that would have the effect of extending a municipal boundary more than three miles in any direction from any point of such municipal boundary in any one year. Within said three-mile area, the contiguity required by section 31-12-104 (1)(a) may be achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Prior to completion of any annexation within the three-mile area, the municipality shall have in place a plan for that area that generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the municipality and the proposed land uses for the area. Such plan shall be updated at least once annually. Such three-mile limit may be exceeded if such limit would have the effect of dividing a parcel of property held in identical ownership if at least fifty percent of the property is within the three-mile limit. In such event, the entire property held in identical ownership may be annexed in any one year without regard to such mileage limitation. Such three-mile limit may also be exceeded for the annexation of an enterprise zone.

(II) Prior to completion of an annexation in which the contiguity required by section 31-12-104 (1)(a) is achieved pursuant to subparagraph (I) of this paragraph (e), the municipality shall annex any of the following parcels that abut a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, where the parcel satisfies all of the eligibility requirements pursuant to section 31-12-104 and for which an annexation petition has been received by the municipality no later than forty-five days prior to the date of the hearing set pursuant to section 31-12-108 (1):

(A) Any parcel of property that has an individual schedule number for county tax filing purposes upon the petition of the owner of such parcel;

(B) Any subdivision that consists of only one subdivision filing upon the petition of the requisite number of property owners within the subdivision as determined pursuant to section 31-12-107; and

(C) Any subdivision filing within a subdivision that consists of more than one subdivision filing upon the petition of the requisite number of property owners within the subdivision filing as determined pursuant to section 31-12-107.

(e.1) The parcels described in subparagraph (II) of paragraph (e) of this subsection (1) shall be annexed under the same or substantially similar terms and conditions and considered at the same hearing and in the same impact report as the initial annexation in which the contiguity required by section 31-12-104 (1)(a) is achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Impacts of the annexation upon the parcels described in subparagraph (II) of paragraph (e) of this subsection (1) that abut such platted street or alley, public or private right-of-way, public or private transportation right-of-way or area, or lake, reservoir, stream, or other natural or artificial waterway shall be considered in the impact report required by section 31-12-108.5. As part of the same hearing, the municipality shall consider and decide upon any petition for annexation of any parcel of property having an individual schedule number for county tax filing purposes, which petition was received not later than forty-five days prior to the hearing date, where the parcel abuts any parcel described in subparagraph (II) of paragraph (e) of this subsection (1) and where the parcel otherwise satisfies all of the eligibility requirements of section 31-12-104.

(e.3) In connection with any annexation in which the contiguity required by section 31-12-104 (1)(a) is achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, upon the latter of ninety days prior to the date of the hearing set pursuant to section 31-12-108 or upon the filing of the annexation petition, the municipality shall provide, by regular mail to the owner of any abutting parcel as reflected in the records of the county assessor, written notice of the annexation and of the landowner's right to petition for annexation pursuant to section 31-12-107. Inadvertent failure to provide such notice shall neither create a cause of action in favor of any landowner nor invalidate any annexation proceeding.

(f) In establishing the boundaries of any area proposed to be annexed, if a portion of a platted street or alley is annexed, the entire width of said street or alley shall be included within the area annexed.

(g) Notwithstanding the provisions of paragraph (f) of this subsection (1), a municipality shall not deny reasonable access to landowners, owner of an easement, or the owner of a franchise adjoining a platted street or alley which has been annexed by the municipality but is not bounded on both sides by the municipality.

(h) The execution by any municipality of a power of attorney for real estate located within an unincorporated area shall not be construed to comply with the election provisions of this article for purposes of annexing such unincorporated area. Such annexation shall be valid only upon compliance with the procedures set forth in this article.

(i) For any annexation that will result in annexation of lands within the exterior boundaries of a reservation of a federally recognized Indian tribe located within the state, no annexation pursuant to section 31-12-106 or annexation petition or petition for an annexation election pursuant to section 31-12-107 is valid unless accompanied by a resolution or ordinance of the tribal council or other governing body of the federally recognized Indian tribe within whose reservation the annexation will occur approving the annexation. This subsection (1)(i) applies to annexation of all lands within the exterior boundaries of a reservation of a federally recognized Indian tribe located within the state regardless of the status of the lands sought to be annexed.
C.R.S. § 31-30-1120 — CO Code / Title 31 / Article 30 / Part 11 / Section 31-30-1120
31-30-1120. Maximum benefit amount
Status: repealed

31-30-1120. Maximum benefit amount. (Repealed)
C.R.S. § 31-25-520 — CO Code / Title 31 / Article 25 / Part 5 / Section 31-25-520
31-25-520. Notice of hearing on assessments
Status: in_force

31-25-520. Notice of hearing on assessments. (1) The clerk shall give notice that the assessment roll has been completed and of a hearing on the assessment roll by publication in an issue of a newspaper of general circulation in the municipality, the publication to be at least fifteen days prior to the date of hearing. The same notice of the hearing shall be mailed by first-class mail to each property owner to be assessed for the cost of the improvements who is included within the district. The mailed notice shall be made on or about the date of the publication of the notice of hearing. The notices shall specify: The whole cost of the improvement; the portion, if any, to be paid by such municipality; the share apportioned to each lot or tract of land; that any complaints or objections that may be made in writing by the property owners or any citizen to the governing body, and filed in writing on or prior to the date of the hearing, will be heard and determined by the governing body before the passage of any ordinance assessing the cost of said improvements; and the date when and the place where such complaints or objections will be heard.

(2) Any district formed for the purpose of encouraging, accommodating, and financing improvements as authorized in section 31-25-502 (2) shall not be required to provide a notice of the hearing on assessments by publication; rather, such notice, if any, may be provided in the time and manner set forth in the contract or agreement entered into by the owner for each property included in the district.
C.R.S. § 31-20-404 — CO Code / Title 31 / Article 20 / Part 4 / Section 31-20-404
31-20-404. Registry of orders - contents - inspection
Status: in_force

31-20-404. Registry of orders - contents - inspection. Every treasurer of any city or town shall keep in his office a book, to be called the registry of city or town orders, in which shall be entered, at the date of the presentation thereof and without any interval or blank line between any such entry and the one preceding it, every city or town order, warrant, or other certificate of such town or city indebtedness presented to such town or city treasurer at any time for payment, whether the same is paid at the time of presentation or not, the number and date of such order, warrant, or certificate, the amount, the date of presentation, the name of the person presenting the same, and the particular fund, if any, upon which the order is drawn. Every such registry of city or town orders shall be open at all reasonable hours to the inspection and examination of any person desiring to inspect or examine the same.
C.R.S. § 31-30-1127 — CO Code / Title 31 / Article 30 / Part 11 / Section 31-30-1127
31-30-1127. Survivor benefit - death from injuries in the line of duty
Status: in_force

31-30-1127. Survivor benefit - death from injuries in the line of duty. (1) Except as otherwise provided in subsection (4) of this section, if a fire department member dies from injuries received while in the line of duty as a volunteer firefighter and leaves a surviving spouse, the board shall pay the surviving spouse a monthly annuity either in an amount the board deems proper and necessary, but not more than one-half the amount paid by the board pursuant to section 31-30-1122 (1) or two hundred twenty-five dollars, whichever is greater, or within limits prescribed by municipal ordinance or by rules of the board of the affected municipality or district. The annuity shall cease if the surviving spouse remarries. Dissolution of a subsequent marriage does not reinstate the annuity.

(2) Except as otherwise provided in subsection (4) of this section, if there is no surviving spouse as provided in subsection (1) of this section but there is a surviving child of the deceased volunteer firefighter under eighteen years of age, the board shall pay a monthly annuity either in an amount the board deems proper or necessary, but not more than one-half the amount paid by the board pursuant to section 31-30-1122 (1) or two hundred twenty-five dollars, whichever is greater, or within limits prescribed by municipal ordinance or by rules of the board of the affected municipality or district. The board shall pay this annuity to the guardian of the child on behalf of the child. The annuity shall cease when the child is eighteen years of age.

(3) Except as otherwise provided in subsection (4) of this section, if there is no surviving spouse or child as provided in subsections (1) and (2) of this section but there is a surviving dependent parent of the deceased volunteer firefighter, the board shall pay the dependent parent a monthly annuity either in an amount the board deems proper and necessary, but not more than one-half the amount paid by the board pursuant to section 31-30-1122 (1) or two hundred twenty-five dollars, whichever is greater, or within limits prescribed by municipal ordinance or by rules of the board of the affected municipality or district. The annuity shall cease if the dependent parent remarries. Dissolution of a subsequent marriage does not reinstate the annuity.

(4) The benefits under this section:

(a) Are in addition to the educational benefits under section 23-3.3-205, C.R.S.;

(b) Do not apply if the optional survivor benefits under section 31-30-1128 are provided; and

(c) May be increased in the same manner as postretirement benefit increases as provided in section 31-30-1122 (3), subject to the state contribution limit set forth in section 31-30-1112 (2).
C.R.S. § 31-10-502 — CO Code / Title 31 / Article 10 / Part 5 / Section 31-10-502
31-10-502. Establishing precincts and polling places
Status: repealed

31-10-502. Establishing precincts and polling places. (1) (a) The governing body of each municipality shall divide the municipality into as many election precincts for municipal elections as it deems expedient for the convenience of electors of said municipality and shall designate the location and address for each precinct at which elections are to be held. Municipal election precincts shall consist of one or more whole general election precincts wherever practicable, and clerks and governing bodies shall cooperate with the county clerk and recorder and board of county commissioners of their county to accomplish this purpose. In municipalities having wards, no precinct or part thereof shall be located within more than one ward, and each ward shall contain at least one precinct. The precincts shall be numbered consecutively beginning with the number one. The precincts and polling places established pursuant to this section shall remain until changed by the governing body.

(b) and (c) Repealed.

(2) (a) Changes in the boundaries of election precincts or wards and the creation of new election precincts shall be completed not less than ninety days prior to any municipal election, except in cases of precinct changes resulting from annexations.

(b) All changes in precinct or ward boundaries and in municipal boundaries shall be reported by the clerk to the county clerk and recorder, and a corrected map shall be transmitted to the county clerk and recorder as soon as possible after such changes have been effected.

(3) It is the duty of the governing body to change any polling place upon petition of a majority of the registered electors residing within the precinct.
C.R.S. § 31-35-407 — CO Code / Title 31 / Article 35 / Part 4 / Section 31-35-407
31-35-407. Covenants in bond ordinance
Status: in_force

31-35-407. Covenants in bond ordinance. (1) Any ordinance or resolution authorizing the issuance of bonds under this part 4 or trust indenture or other instrument appertaining thereto to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment, or extension of water facilities or sewerage facilities or both may contain covenants as to:

(a) The rates, fees, tolls, or charges or combination thereof to be charged for the services, facilities, and commodities of said water facilities or sewerage facilities or both, and the use and disposition thereof, including but not limited to the foreclosure of liens for and collection of delinquencies; the discontinuance of services, facilities, or commodities or use of any water system, any sewer system, or any joint system; prohibition against free service; the collection of penalties and collection costs, including disconnection and reconnection fees; and the use and disposition of any revenues of the municipality derived or to be derived from any water facilities or sewerage facilities or both;

(b) The creation and maintenance of reserves or sinking funds and the regulation, use, and disposition thereof to secure the payment of the principal of and interest on any bonds or of operation and maintenance expenses of any water system, sewer system, or joint system or part thereof; the determination or definition of revenues from any water system, sewer system, or joint system and of the expenses of operation and maintenance of such system; and the source, custody, security, use, and disposition of any such reserves or sinking funds, including but not limited to the powers and duties of any trustee with regard thereto;

(c) A fair and reasonable payment by the municipality to the account of said water facilities or sewerage facilities or both for the services, commodities, or facilities furnished said municipality or any of its departments by said water facilities or sewerage facilities or both;

(d) The issuance of other or additional bonds or instruments payable from or constituting a charge against the revenue of such water facilities or sewerage facilities or both; the payment of the principal of and interest on any bonds and the sources and methods thereof, the rank or priority of any bonds as to any lien or security for payment, or the acceleration of any maturity of any bonds, or the issuance of other or additional bonds payable from or constituting a charge against or lien upon any revenues pledged for the payment of bonds and the creation of future liens and encumbrances thereagainst and limitations thereon; and the purpose to which the proceeds of the sale of bonds may be applied and the custody, security, use, expenditure, application, and disposition thereof;

(e) Books of account, the inspection and audit thereof, and other records appertaining to a water system, sewer system, or joint system; the insurance to be carried by the municipality and use and disposition of insurance moneys; the acquisition of completion or surety bonds appertaining to any project, funds, or personnel and the use and disposition of any proceeds of such bonds; the assumption or payment or discharge of any indebtedness, other obligation, lien, or other claim relating to any part of a water system, sewer system, or joint system, or any securities having or which may have a lien on any part of any revenues of such system; and limitations on the powers of the municipality to acquire or operate or permit the acquisition or operation of any plants, structures, facilities, or properties which may compete or tend to compete with the water system, sewer system, or joint system;

(f) The rights, liabilities, powers, and duties arising upon the breach by the municipality of any covenants, conditions, or obligations; defining events of default; the payment of costs or expenses incident to the enforcement of the bonds or of the provisions of the ordinance or resolution authorizing the bonds or any trust indenture or other instrument appertaining thereto or of any covenant or contract with the holders of the bonds; the procedure, if any, by which the terms of any covenant or contract with or duty to the holders of bonds, the bond ordinance or resolution, or any trust indenture or other instrument may be amended or abrogated, the amount of bonds the holders of which, or any trustee, must consent to, and the manner in which such consent may be given or evidenced; and the terms and conditions upon which any or all of the bonds shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived;

(g) The terms and conditions upon which the holders of the bonds or any portion or percentage of them may enforce any covenants or provisions made under this part 4 or duties imposed thereby; and

(h) All such acts and things as may be necessary or convenient or desirable in order to secure its bonds or, in the discretion of the governing body of the municipality, tend to make the bonds more marketable, notwithstanding that such covenant, act, or thing may not be enumerated in this part 4, it being the intention of this part 4 to give a municipality power to do all things in the issuance of bonds and for their security consistent with continued public ownership of the sewerage facilities or water facilities or both.
C.R.S. § 31-25-500.2 — CO Code / Title 31 / Article 25 / Part 5 / Section 31-25-500.2
31-25-500.2. Legislative declaration - energy efficiency and renewable energy production proj
Status: in_force

31-25-500.2. Legislative declaration - energy efficiency and renewable energy production projects. (1) The general assembly finds, determines, and declares that:

(a) The production and efficient use of energy will continue to play a central role in the future of this state and the nation as a whole; and

(b) The development, production, and efficient use of renewable energy will advance the security, economic well-being, and public and environmental health of this state, as well as contributing to the energy independence of our nation.

(2) The general assembly further finds, determines, and declares that the inclusion of energy efficiency and renewable energy production projects for residential and commercial use in special improvement districts, and powers conferred under this part 5, as well as the expenditures of public moneys made pursuant to this part 5, will serve a valid public purpose and that the enactment of this part 5 is expressly declared to be in the public interest.
C.R.S. § 31-25-629 — CO Code / Title 31 / Article 25 / Part 6 / Section 31-25-629
31-25-629. Municipal jurisdiction unimpaired
Status: in_force

31-25-629. Municipal jurisdiction unimpaired. Nothing in this part 6 shall affect or impair the control and jurisdiction which a municipality has over all property within its boundaries. All powers granted by this part 6 shall be subject to such control and jurisdiction.
C.R.S. § 31-30.5-102 — CO Code / Title 31 / Article 30.5 / Part 1 / Section 31-30.5-102
31-30.5-102. Definitions
Status: in_force

31-30.5-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Affiliated board" means any board affiliated, as specified in section 31-31-701, with the fire and police pension association created in section 31-31-201.

(1.5) "Board" means the board of trustees established as the governing body of the firefighters' or police officers' old hire pension fund as provided in sections 31-30.5-202 and 31-30.5-203.

(2) "Employer" means any municipality in this state offering police or fire protection service employing one or more members and any special district or county improvement district in this state offering fire protection service employing one or more members.

(3) "Fund" means the applicable firefighters or police officers' pension fund created in section 31-30.5-201.

(4) "Member" means an active employee who is a full-time salaried employee of a municipality, fire protection district, or county improvement district normally serving at least one thousand six hundred hours in any calendar year and whose duties are directly involved with the provision of police or fire protection, as certified by the employee's employer. The term does not include clerical or other personnel whose services are auxiliary to police or fire protection.
C.R.S. § 31-25-625 — CO Code / Title 31 / Article 25 / Part 6 / Section 31-25-625
31-25-625. Procedure
Status: in_force

31-25-625. Procedure. Any district organized pursuant to this part 6 may be dissolved after notice is given and a hearing held in the manner prescribed by sections 31-25-606 and 31-25-607. After hearing any protests against or objections to dissolution, if the board determines that it is for the best interests of all concerned to dissolve the district, it shall so provide by an effective ordinance, a certified copy of which shall be filed in the office of the county clerk and recorder in each of the counties in which the district or part thereof is located. Upon such filing, the dissolution shall be complete. However, no district shall be dissolved until it has satisfied or paid in full all of its outstanding indebtedness, obligations, and liabilities or until funds are on deposit and available therefor.
C.R.S. § 31-35-705 — CO Code / Title 31 / Article 35 / Part 7 / Section 31-35-705
31-35-705. Protest - board of adjustment
Status: in_force

31-35-705. Protest - board of adjustment. Any owner of property affected by the terms of said ordinance may protest in writing to the governing body of such city or town as to the amount of the rate affecting such property at any time within two weeks after the first publication of said ordinance and notice. The governing body shall sit as a board of adjustment, pursuant to the authority of this part 7, and shall hear and determine all such protests and determine the fairness of said rates. If the rates prescribed in the proposed ordinance are determined to be unreasonable, the governing body shall amend such ordinance before final passage to conform to its findings in the premises. The final determination of the governing body shall be conclusive in the premises.
C.R.S. § 31-31-807.5 — CO Code / Title 31 / Article 31 / Part 8 / Section 31-31-807.5
31-31-807.5. Death of member - line-of-duty - survivor benefits
Status: in_force

31-31-807.5. Death of member - line-of-duty - survivor benefits. (1) (a) If a member dies while in active service as the direct and proximate result of a personal injury sustained while performing official duties or as a result of an occupational disease arising out of and in the course of the member's employment, and if such member qualifies for line-of-duty status under section 101 (h) of the federal "Internal Revenue Code of 1986", as amended, and leaves a surviving spouse or dependent children, or both, one of the survivor benefits described in either paragraph (b) or (c) of this subsection (1) shall be paid if the member:

(I) Is not eligible for a normal retirement pension under an old hire pension established pursuant to article 30.5 of this title that provides for postretirement survivor benefits to a spouse and dependent children in the event the member dies in active service while eligible for normal retirement; and

(II) (A) Is not eligible for the normal retirement pension from a plan that is part of the defined benefit system pursuant to section 31-31-204; or

(B) Has not reached age fifty-five with twenty-five years of accumulated service as a member and is a participant under the statewide money purchase plan pursuant to part 5 of this article or under a local money purchase plan.

(b) Except as otherwise provided in paragraph (c) of this subsection (1), one of the following survivor benefits shall be paid if the requirements of paragraph (a) of this subsection (1) are satisfied:

(I) When there is a surviving spouse and no dependent children, the monthly benefit shall be forty percent of the monthly base salary paid to such member immediately preceding death.

(II) When there is a surviving spouse and one dependent child, the monthly benefit shall be forty percent of the monthly base salary paid to such member immediately preceding death.

(III) When there is a surviving spouse and two or more dependent children, the monthly benefit shall be fifty percent of the monthly base salary paid to such member immediately preceding death.

(IV) When there is no surviving spouse and three or more dependent children, the monthly benefit shall be fifty percent of the monthly base salary paid to each member immediately preceding death.

(V) When there is no surviving spouse and two dependent children, the monthly benefit shall be forty percent of the monthly base salary paid to such member immediately preceding death.

(VI) When there is no surviving spouse and one dependent child, the monthly benefit shall be forty percent of the monthly base salary paid to such member immediately preceding death.

(c) For survivors who become eligible for survivor benefits on or after October 15, 2002, one of the following survivor benefits shall be paid if the requirements of paragraph (a) of this subsection (1) are satisfied:

(I) The monthly benefit when there is a surviving spouse, either with or without children, shall be seventy percent of the monthly base salary being paid to such member immediately preceding death.

(II) The monthly benefit when there is no surviving spouse but a surviving child or children shall be:

(A) Seventy percent of the monthly base salary being paid to such member immediately prior to death if the child or children were living in the member's home at the time of the member's death; or

(B) Forty percent of the monthly base salary being paid to such member immediately prior to death for one child and fifteen percent for each additional child; except that the total benefit received shall not be greater than seventy percent of the monthly base salary if the child or children were not living in the member's home at the time of the member's death.

(1.5) (a) On or after October 1, 2001, if a member dies while in active service as the direct and proximate result of a personal injury sustained while performing official duties or as a result of an occupational disease arising out of and in the course of the member's employment, and if such member qualifies for line-of-duty status under section 101 (h) of the federal "Internal Revenue Code of 1986", as amended, and leaves a surviving spouse or dependent children, or both, one of the survivor benefits described in paragraph (b) of this subsection (1.5) shall be paid if the member:

(I) Is eligible for a normal retirement pension under an old hire pension established pursuant to article 30.5 of this title that provides for postretirement survivor benefits to a spouse and dependent children in the event the member dies in active service while eligible for normal retirement;

(II) Is eligible for the normal retirement pension from a plan that is part of the defined benefit system pursuant to section 31-31-204; or

(III) Has reached age fifty-five with twenty-five years of accumulated service as a member and is a participant under the statewide money purchase plan pursuant to part 5 of this article or under a local money purchase plan.

(b) One of the following survivor benefits shall be paid if the requirements of paragraph (a) of this subsection (1.5) are satisfied and if the survivor benefit currently received pursuant to subparagraph (I), (II), or (III) of paragraph (a) of this subsection (1.5) is less than seventy percent of the monthly base salary being paid to the member immediately preceding death:

(I) The monthly benefit to be paid in addition to the monthly retirement benefit otherwise payable when there is a surviving spouse, either with or without children, shall be the difference between seventy percent of the monthly base salary paid to such member immediately preceding death and the amount payable pursuant to benefits received under the plan identified in subparagraph (I), (II), or (III) of paragraph (a) of this subsection (1.5).

(II) The monthly benefit to be paid in addition to the monthly retirement benefit otherwise payable when there is no surviving spouse but there is a surviving child or children shall be:

(A) If the child or children were living in the member's home at the time of the member's death, the difference between seventy percent of the monthly base salary being paid to such member immediately preceding death and the amount payable pursuant to benefits received under the plan identified in subparagraph (I), (II), or (III) of paragraph (a) of this subsection (1.5); or

(B) If the child or children were not living in the member's home at the time of the member's death, the sum of forty percent of the monthly base salary being paid to such member immediately prior to death for the first child plus fifteen percent for each additional child, the total of which shall not be greater than seventy percent of the monthly base salary less the amount payable pursuant to benefits received under the plan identified in subparagraph (I), (II), or (III) of paragraph (a) of this subsection (1.5).

(2) The board shall promulgate rules that specify standards and establish procedures for determining whether a member's death is the direct and proximate result of a personal injury sustained while performing official duties or an occupational disease arising out of and in the course of a member's employment and, in the case of a line-of-duty death, whether any of the exceptions specified in section 101 (h)(2) of the federal "Internal Revenue Code of 1986", as amended, are applicable. The procedures established by the board may include the appointment of hearing officers to conduct hearings and make findings and recommendations to the board on any issue. The board may adopt rules to establish a process for the administrative approval of a death benefit application, including standards of review of applications, without board review. The board shall take any final action that constitutes a denial of a disability application or a reduction of a benefit.

(3) (a) The board shall promulgate rules that specify the method of reviewing existing survivor benefit awards to:

(I) Determine whether a member's death was the direct and proximate result of a personal injury sustained while performing official duties or as a result of an occupational disease arising out of and in the course of the member's employment;

(II) Determine, in the case of line-of-duty deaths occurring after December 31, 1996, whether any of the exceptions specified in section 101 (h)(2) of the federal "Internal Revenue Code of 1986", as amended, are applicable;

(III) Establish procedures for making such determinations, including the appointment of hearing officers to conduct hearings.

(b) The determinations made by the board pursuant to this subsection (3) shall be made on the basis of the medical evidence that was previously submitted in connection with the application for survivor benefits and other relevant nontestimonial evidence.

(c) Any decision made by the board to change an existing survivor benefit award to an on-duty survivor benefit under this subsection (3) shall operate on a prospective basis from the date of the board's decision.

(4) Any benefit provided in accordance with this section to the surviving spouse or dependent child of a member who dies while in active service shall terminate upon the death of the surviving spouse or upon the death or termination of dependency of the dependent child, as defined in section 31-31-801 (2), as applicable.

(5) (a) When there is a surviving spouse and one dependent child residing in a separate household from the surviving spouse, the surviving spouse shall receive two-thirds of the benefit and the child shall receive the balance of the benefit pursuant to subsection (1) or (1.5) of this section.

(b) When there is a surviving spouse and two or more dependent children residing in a separate household from the surviving spouse, the surviving spouse shall receive fifty percent of the benefit and the children shall receive the balance of the benefit pursuant to subsection (1) or (1.5) of this section.

(c) Upon the termination of the benefit payable to the child or children pursuant to paragraph (a) or (b) of this subsection (5), the surviving spouse shall receive the entire benefit pursuant to subsection (1) or (1.5) of this section.

(6) In the event that a survivor benefit is payable for the benefit of more than one dependent child of the member pursuant to subsection (1) or (1.5) of this section and the dependent children reside in separate households from each other, the children's benefit shall be divided equally among the children.

(7) (Deleted by amendment, L. 2002, p. 183, § 12, effective October 1, 2002.)

(8) If a member dies while in active service as the direct and proximate result of a personal injury sustained while performing official duties or as a result of an occupational disease arising out of and in the course of the member's employment and otherwise qualifies for benefits under subsection (1.5) of this section, but falls within one or more of the exceptions specified in section 101 (h)(2) of the federal "Internal Revenue Code of 1986", as amended, and leaves a surviving spouse or dependent children, or both, said survivors shall:

(a) Receive benefits as allowed under section 31-31-807; or

(b) Receive benefits as allowed under the member's normal retirement plan.
C.R.S. § 31-35-107 — CO Code / Title 31 / Article 35 / Part 1 / Section 31-35-107
31-35-107. Trustees - quorum - existing boards - secretary
Status: in_force

31-35-107. Trustees - quorum - existing boards - secretary. (1) The first board of trustees elected pursuant to this part 1 shall be elected as follows: One for the period of two years, one for the period of four years, and one for the period of six years; and, at the end of each term, a board member shall be elected for a term of six years. The ballot at the first election shall designate the term for which the candidate is to be elected.

(2) Said board shall constitute a body corporate to be known as the "trustees of ............ waterworks", the name of the city or town to be inserted in said title, and shall be a party to all suits, proceedings, and contracts, the same as are municipalities in this state. Said board shall have control of all real estate owned, controlled, or acquired on or after April 15, 1903, by the city or town or any board of trustees or other body used in connection with said waterworks in operating waterworks constructed, including mains, pipes, reservoirs, buildings, machinery, lands, leases, water, water rights and privileges of every kind belonging thereto, and property of every kind and description, and the title to the same shall vest in said board of trustees, and their successors in office, as trustees for the use and benefit of the city or town or part or district of the city or town and the inhabitants and property therein supplied from said waterworks.

(3) As soon as said board of trustees organizes, it shall have all the power to manage, repair, control, and extend and have all other powers in and about and over said property to acquire, purchase, and develop water and water rights and to exchange and extinguish the indebtedness growing out of the same or existing as of April 15, 1903, against waterworks possessed by any such city or town on said date. A majority of the trustees shall be a quorum and competent to bind the whole number by act and deed.

(4) The question of contracting a bonded debt or for funding or floating bonded indebtedness shall be submitted to the registered electors of the city or town or part or district of the city or town at a special election to be called for voting upon such proposition; except that when the registered electors of any said city or town, prior to the establishment of a board of trustees under this part 1, have authorized by election the acquisition, construction, and operation of a municipal waterworks system and the incurring of indebtedness therefor and indebtedness for such purpose exists after creation of the board, no further election shall be necessary to permit the contracting of additional bonded debt or for funding or floating additional bonded indebtedness for the purpose of carrying out the powers granted under this title to cities or towns regarding waterworks, water rights, and property and the management, maintenance, development, and expansion thereof.

(5) The provisions of this part 1 regarding indebtedness and limitations thereon in connection with water and waterworks shall apply to indebtedness created by the board of trustees elected under this part 1 as shall the provisions of other sections of the statutes of this state relating to bonded indebtedness for said purposes.

(6) The board of trustees may employ a secretary.
C.R.S. § 31-35-704 — CO Code / Title 31 / Article 35 / Part 7 / Section 31-35-704
31-35-704. Contents of ordinance
Status: in_force

31-35-704. Contents of ordinance. Such ordinance and notice shall be published in conformity to law with reference to the times and publication of ordinances of such city or town. The ordinance shall contain a description of the property, the names of the owners thereof, as near as may be, and the annual rate charged to each such property for sewerage service. No error in the name of any property owner shall affect the validity of said ordinance.
C.R.S. § 31-31.5-102 — CO Code / Title 31 / Article 31.5 / Part 1 / Section 31-31.5-102
31-31.5-102. Administration of the plan - rules
Status: in_force

31-31.5-102. Administration of the plan - rules. (1) (a) Contributions and earnings to all components of the statewide retirement plan shall be held in trust as part of the defined benefit system trust fund.

(b) There is hereby established in the defined benefit system trust fund, a lifetime benefits account into which contributions made pursuant to sections 31-31.5-301, 31-31.5-302, and 31-31.5-303 must be deposited. The defined benefits of the lifetime benefit components, including cost of living adjustments provided by the plan pursuant to part 4 of this article 31.5, together with the expenses of administering the lifetime benefit components of the plan, shall be paid from the account. The lifetime benefits account shall be invested within the fire and police members' benefit investment fund.

(c) There is established in the defined benefit system trust fund, a money purchase account into which contributions made pursuant to section 31-31.5-304 must be deposited and assigned to individual accounts and administered pursuant to part 5 of this article 31.5. The board may create subaccounts within the account to adequately track the vesting and the source of money deposited into the account on behalf of each member. The money purchase component account must be invested within the fire and police members' self-directed investment fund.

(d) The board shall keep an accurate account of the assets and liabilities of the lifetime benefits account and the money purchase component account.

(2) The board may adopt by rule such matters as may be necessary to codify the board's interpretation, administration, and management of the statewide retirement plan.

(3) The board may provide for the administration of domestic relations orders issued pursuant to article 10 of title 14 with regard to the plan or its predecessor plans.
C.R.S. § 31-10-505 — CO Code / Title 31 / Article 10 / Part 5 / Section 31-10-505
31-10-505. Arrangement of voting machines or voting booths and ballot boxes
Status: in_force

31-10-505. Arrangement of voting machines or voting booths and ballot boxes. The voting machines or the voting booths and ballot box shall be situated in the polling place so as to be in plain view of the election officials and watchers. No person other than the election officials and those admitted for the purpose of voting shall be permitted within the immediate voting area, which shall be considered as within six feet of the voting machines or the voting booths and ballot box, except by authority of the judges of election, and then only when necessary to keep order and enforce the law.
C.R.S. § 31-4-211 — CO Code / Title 31 / Article 4 / Part 2 / Section 31-4-211
31-4-211. City manager - powers and responsibility
Status: in_force

31-4-211. City manager - powers and responsibility. (1) The city manager is responsible to the city council for the proper administration of all affairs of the city placed in his charge and, to that end and except as otherwise provided in this part 2, he shall have the power to appoint and remove all officers and employees in the administrative service of the city except the city attorney and the municipal judge. Appointments made by the city manager shall be on the basis of executive and administrative ability, training, and experience of such appointees in the work which they are to perform. All such appointments shall be without definite term.

(2) Officers and employees appointed by the city manager may be removed by him at any time for cause. The decision of the city manager in any such case shall be final.
C.R.S. § 31-35-105 — CO Code / Title 31 / Article 35 / Part 1 / Section 31-35-105
31-35-105. Trustees - qualifications
Status: in_force

31-35-105. Trustees - qualifications. No person not a resident and owner of realty within the city or town for the period of at least one year next preceding his election and residing in that part or district of the city or town for which the board of trustees is to be elected shall be eligible for election as a trustee of said board.
C.R.S. § 31-35-305 — CO Code / Title 31 / Article 35 / Part 3 / Section 31-35-305
31-35-305. Sidewalks - assessment - hearing - lien
Status: in_force

31-35-305. Sidewalks - assessment - hearing - lien. In case such proposed improvement consists of the establishment, construction, extending, or completing of any sidewalk in said city or town, the ordinance shall specify the property in front of which the sidewalk is to be constructed, extended, or completed; the names of the owners of said property; and the length, width, grade, and material of which the sidewalk is to be constructed. The governing body, as soon thereafter as the cost of said improvements can be definitely ascertained, shall assess the cost thereof upon the lots respectively in front of which said sidewalk is to be constructed. Such assessment, when completed, shall be subject to inspection by any interested person. Notice of the making and completion of the assessment shall be given by the publication of a notice to the effect that said assessment has been made upon said lots and is ready for inspection. The notice shall be published at least once a week for four successive weeks in some newspaper published or of general circulation in said city or town and shall designate a day upon which the governing body shall sit for the purpose of hearing objections thereto and making corrections therein. Upon the day designated, the governing body shall sit for said purpose and hear any objections that may be made and shall thereupon make any such changes in said assessments as may in their judgment be necessary, equitable, or just and shall thereupon finally determine such assessments. Such assessments, when so finally determined, shall be a lien upon the property so assessed for the purpose of making said improvement. An appeal shall lie to any court of competent jurisdiction from any decision of such governing body.
C.R.S. § 31-4-402 — CO Code / Title 31 / Article 4 / Part 4 / Section 31-4-402
31-4-402. New bond
Status: in_force

31-4-402. New bond. In the event that the official bond of any officer of a city or town, after the taking and approval thereof, becomes insufficient by reason of the death or insolvency of any of the sureties thereon, the governing body of such city or town may require such officer to procure additional sureties or to give a new bond and may designate the time when such additional sureties or new bond shall be furnished, which shall not be less than ten days, or may waive the requirement for such sureties or new bond. In the event that the additional sureties or new bond is not furnished within the time so designated and the requirement for such sureties or new bond is not waived, the office shall be declared vacant, and the vacancy shall be filled by election or appointment as provided by law.
C.R.S. § 31-35-508 — CO Code / Title 31 / Article 35 / Part 5 / Section 31-35-508
31-35-508. Records of board
Status: in_force

31-35-508. Records of board. (1) On all resolutions and orders, the roll shall be called, and the ayes and noes shall be recorded. All resolutions and orders, as soon as may be after their passage, shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the presiding officer of the board and the secretary or secretary pro tem.

(2) Every legislative act of the board of a general or permanent nature shall be by resolution.

(3) The book of resolutions and orders shall be a public record. A record shall also be made of all other proceedings of the board, minutes of the meetings, certificates, contracts, bonds given by officers, employees, and any other agents of the municipality under the board's jurisdiction, and all corporate acts, which record shall also be a public record.

(4) The treasurer shall keep strict and accurate accounts of all moneys received by and disbursed for and on behalf of the board in a permanent record, which also shall be a public record.

(5) Any permanent record of the municipality under the board's jurisdiction shall be open for inspection by any elector thereof, by any other interested person, or by any representative of the federal government, the state, or any other public body.
C.R.S. § 31-10-910 — CO Code / Title 31 / Article 10 / Part 9 / Section 31-10-910
31-10-910. Procedures for conducting mail ballot election
Status: in_force

31-10-910. Procedures for conducting mail ballot election. (1) (a) No later than thirty days prior to election day, the county clerk and recorder shall submit to the clerk conducting the mail ballot election a complete preliminary list of registered electors.

(b) No later than twenty days prior to election day, the county clerk and recorder shall submit to the clerk a supplemental list of the names of eligible electors who registered to vote on or before twenty-two days before the election whose names were not included on the preliminary list.

(c) All lists of registered electors provided to a clerk under this section must include the last mailing address of each elector.

(2) (a) Not sooner than twenty-two days before an election, and no later than fifteen days before an election, the clerk shall mail to each active eligible elector, at the last mailing address appearing in the registration records and in accordance with United States postal service regulations, a mail ballot packet marked "Do not forward. Address correction requested.", or any other similar statement that is in accordance with United States postal service regulations.

(b) A ballot or ballot label must contain the following warning:

WARNING:

Any person who, by use of force or other means, unduly influences an eligible elector to vote in any particular manner or to refrain from voting, or who falsely makes, alters, forges, or counterfeits any mail ballot before or after it has been cast, or who destroys, defaces, mutilates, or tampers with a ballot is subject, upon conviction, to imprisonment, or to a fine, or both.

(c) (I) A return envelope must have printed on it a self-affirmation substantially in the following form:

State of .... Municipality of ...., County of ....

I, ...., affirm and say that I am a qualified and registered elector in the municipality of .... and state of Colorado; that my residence and post office address is ....; and that I herein enclose my ballot in accordance with the provisions of the "Colorado Municipal Election Code of 1965". I realize that if any false statements are contained herein that I shall be subject to prosecution for criminal action.

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

Date Signature of voter

(II) The signing of the self-affirmation on the return envelope described in subparagraph (I) of this paragraph (c) constitutes an affirmation by the eligible elector, under penalty of perjury, that the facts stated in the self-affirmation are true. If the eligible elector is unable to sign, the eligible elector may affirm by making a mark on the self-affirmation, with or without assistance, witnessed by another person.

(III) A return envelope is not required to have a flap covering the signature.

(d) No sooner than twenty-two days prior to election day, and until 7 p.m. on election day, mail ballots must be made available at the clerk's office for eligible electors who request a ballot.

(e) (I) An eligible elector may obtain a replacement ballot if the ballot was destroyed, spoiled, lost, or for some other reason not received by the eligible elector. An eligible elector may obtain a ballot if a mail ballot packet was not sent to the elector because the eligibility of the elector could not be determined at the time the mail ballot packets were mailed. In order to obtain a ballot in such cases, the eligible elector must sign a sworn statement specifying the reason for requesting the ballot. The statement must be presented to the clerk no later than 7 p.m. on election day. The clerk shall keep a record of each ballot issued in accordance with this paragraph (e) together with a list of each ballot obtained pursuant to paragraph (d) of this subsection (2).

(II) The clerk shall not transmit a mail ballot packet under this paragraph (e) unless a sworn statement requesting the ballot is received on or before election day. A ballot may be transmitted directly to the eligible elector requesting the ballot at the clerk's office or may be mailed to the eligible elector at the address provided in the sworn statement. Ballots may be cast no later than 7 p.m. on election day.

(3) (a) Upon receipt of a ballot, the eligible elector shall mark the ballot, sign and complete the self-affirmation on the return envelope, and comply with the instructions provided with the ballot.

(b) The eligible elector may return the marked ballot to the clerk by United States mail or by depositing the ballot at the office of the clerk or any place designated as a depository by the clerk. The ballot must be returned in the return envelope. If an eligible elector returns the ballot by mail, the elector must provide postage. The ballot must be received at the clerk's office or a designated depository, which must remain open until 7 p.m. on election day. The depository must be designated by the clerk and located in a secure place under the supervision of the clerk, an election judge, or another person designated by the clerk.

(4) Once the ballot is returned, an election judge shall first qualify the submitted ballot by comparing the information on the return envelope with the registration records to determine whether the ballot was submitted by an eligible elector who has not previously voted in the election. If the ballot so qualifies and is otherwise valid, the election judge shall indicate in the pollbook that the eligible elector cast a ballot and deposit the ballot in an official ballot box.

(4.5) The signature of the eligible elector on the self-affirmation on the return envelope must be compared with the signature of the eligible elector on file in the statewide voter registration system, created in section 1-2-301, C.R.S., in accordance with section 31-10-910.3.

(5) All deposited ballots must be counted as provided in this article. A mail ballot is valid and counted only if it is returned in the return envelope, the self-affirmation on the return envelope is signed and completed by the eligible elector to whom the ballot was issued, and the information on the return envelope is verified in accordance with subsection (4) of this section. Mail ballots must be counted in the same manner provided by section 31-10-610 for counting paper ballots or section 31-10-811 for counting electronic ballots. If the election official determines that an eligible elector to whom a replacement ballot has been issued has voted more than once, the first ballot returned by the elector is considered the elector's official ballot. Rejected ballots are handled in the same manner as provided in section 31-10-612.
C.R.S. § 31-30.5-803 — CO Code / Title 31 / Article 30.5 / Part 8 / Section 31-30.5-803
31-30.5-803. Investment authority
Status: in_force

31-30.5-803. Investment authority. (1) Except as provided in subsection (2) of this section, moneys of exempt alternative plans that are not affiliated with the fire and police pension association under section 31-31-706 may be managed and invested by the trustees of such plans 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) (a) (Deleted by amendment, L. 97, p. 10, § 2, effective March 13, 1997.)

(b) The trustees of an exempt 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:

(I) 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;

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

(III) 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) Neither the state nor local governments shall be held responsible to pay for any or all financial losses experienced by participants of the exempt alternative plan; except that nothing in this section relieves a local government's responsibility as a trustee to the plan.
C.R.S. § 31-10-1203 — CO Code / Title 31 / Article 10 / Part 12 / Section 31-10-1203
31-10-1203. Corrections
Status: in_force

31-10-1203. Corrections. If, upon proceeding to canvass the votes, it clearly appears to the clerk and his assistant that in any statement produced to them certain matters are omitted which should have been inserted or that any mistakes which are merely clerical exist, they shall cause the statement to be sent to the precinct judges from whom they were received to have the same corrected. The judges of election, when so demanded, shall make such correction as the facts of the case require but shall not change or alter any decision made before by them. The clerk and his assistant may adjourn from day to day for the purpose of obtaining and receiving such statement.
C.R.S. § 31-30.5-207 — CO Code / Title 31 / Article 30.5 / Part 2 / Section 31-30.5-207
31-30.5-207. Method of payment
Status: in_force

31-30.5-207. Method of payment. All moneys ordered to be paid from the fund to any person shall be paid by the treasurer only upon the warrant signed by the president of said board and countersigned by the secretary thereof. No warrant shall be drawn except by order of the board after having been duly entered on the records of the proceedings of the board.
C.R.S. § 31-31-405 — CO Code / Title 31 / Article 31 / Part 4 / Section 31-31-405
31-31-405. Stabilization reserve account and separate retirement account - creation - alloc
Status: repealed

31-31-405. Stabilization reserve account and separate retirement account - creation - allocation - repeal. (Repealed)
C.R.S. § 31-25-404 — CO Code / Title 31 / Article 25 / Part 4 / Section 31-25-404
31-25-404. Resolution of intention
Status: in_force

31-25-404. Resolution of intention. (1) When the governing body determines that the public interest and convenience require the establishment of a pedestrian mall and that vehicular traffic will not be unduly inconvenienced thereby, it may adopt a resolution declaring its intention to establish such pedestrian mall. Such resolution shall contain:

(a) The determination and declaration referred to in the introductory portion of this subsection (1);

(b) A general description of the municipality's streets or portions thereof which are proposed to be established as a pedestrian mall;

(c) A general description of the mall intersections;

(d) A general description of the intersecting streets;

(e) A statement that the governing body proposes to adopt an ordinance prohibiting, in whole or in part, vehicular traffic on such pedestrian mall. If vehicular traffic is proposed to be prohibited only in part, the resolution shall also contain a general statement of the exceptions proposed to be made. Such exceptions may include exceptions in favor of public, emergency, utility, and other classes of vehicles, may include exceptions in favor of all or certain classes of vehicles during certain days or during portions of days, and may include other exceptions of any kind or nature.

(f) A general statement of the source of moneys proposed to be used to pay damages, if any, allowed or awarded to any abutting property owner by reason of the establishment of the pedestrian mall and how and when it is anticipated that such sum will be paid;

(g) Provision for a notice fixing a day, hour, and place for a public hearing by the governing body relative to the establishment of the proposed pedestrian mall. The notice shall also contain a statement that oral presentations from abutting property owners and the public at large in favor of or opposing, objecting to, or protesting the proposed pedestrian mall will be considered by the governing body at the public hearing.

(h) A statement that any person owning or having any legal or equitable interest in any real property which might suffer legal damage by reason of the establishment of the proposed pedestrian mall shall file a written claim of damages, if any damages are to be considered or allowed, with the clerk at any time prior to the first reading of the ordinance establishing the pedestrian mall.

(2) In such resolution any street may be described by reference thereto by its lawful or official name or the name by which it is commonly known, and the pedestrian mall, the mall intersections, and the intersecting streets may be described by reference to a map or plat thereof on file in the office of the clerk in order that the description is sufficient for one to ascertain which streets and parts of streets are in fact within the proposed mall.

(3) If the governing body intends, at any time in the future, through appropriate action, to levy assessments on lands benefited by the establishment of the mall to help pay the compensation or damages allowed to property owners, a statement to such effect shall be included in the resolution.

(4) If the governing body, in connection with the initial establishment of a pedestrian mall, proposes improvements and a method for paying for the same, the resolution shall also contain statements to satisfy the requirements of applicable law for special assessment districts, improvement districts, or other governmental bodies or agencies or private nonprofit corporations selected to accomplish and pay for the improvements.

(5) If the governing body foresees improvements being made to the pedestrian mall in the future, a statement shall be included as to how the governing body anticipates the same shall be accomplished and paid for.
C.R.S. § 31-23-315 — CO Code / Title 31 / Article 23 / Part 3 / Section 31-23-315
31-23-315. Parking and electric vehicle charging stations - legislative declaration - confl
Status: reserved

31-23-315. Parking and electric vehicle charging stations - legislative declaration - conflict of law - definitions. (1) (a) The general assembly finds that:

(I) Colorado has adopted economy-wide greenhouse gas emission goals of, at minimum, a twenty-six percent reduction by 2025, a fifty percent reduction by 2030, and a ninety percent reduction by 2050;

(II) The governor's "Colorado Greenhouse Gas Pollution Reduction Roadmap", released on January 14, 2021, identified transportation as a leading source of greenhouse gas pollution and identified vehicle electrification as a key strategy for reducing greenhouse gas pollution from the transportation sector;

(III) Motor vehicle pollution, including greenhouse gas emissions, does not stay within the geographic boundaries of the local government where it is emitted;

(IV) According to the United States department of energy, an electric vehicle produces an average of less than one-fourth of the emissions over its lifetime than the average emissions of a motor vehicle powered by an internal combustion engine;

(V) Sales of electric vehicles currently account for more than ten percent of all new vehicle sales in Colorado, and this market share is projected to increase to more than eighty percent by 2032;

(VI) Buildings constructed today will need to accommodate higher numbers of electric vehicles within the lifetime of these buildings;

(VII) People may forgo purchasing or driving an electric vehicle because they are concerned about the availability of charging stations;

(VIII) Local government provisions that set minimum requirements for parking may create a disincentive to install charging stations if a parking space served by a charging station is not counted toward meeting the minimum parking requirement; and

(IX) Fewer charging stations act as a disincentive to purchase or drive an electric vehicle.

(b) The general assembly declares that minimum parking requirements, to the degree that they lower the number of charging stations available to electric vehicle drivers, decrease electric vehicle use, which causes more pollutants to be emitted into the environment and lowers the air quality of other local government jurisdictions and Colorado as a whole. Therefore, minimum parking requirements are a matter of mixed local and statewide concern to the degree that they lower the number of charging stations available to electric vehicle drivers.

(2) For the purposes of any minimum parking requirement imposed by the governing body of a municipality:

(a) Any parking space served by an electric vehicle charging station or any parking space used to site electric vehicle charging equipment must be counted as at least one standard automobile parking space; and

(b) Any van-accessible parking space that is designed to accommodate a person in a wheelchair, is served by an electric vehicle charging station, and is not designated as parking reserved for a person with a disability under section 42-4-1208 must be counted as at least two standard automobile parking spaces.

(2.5) (a) For an electric vehicle charging station constructed or replaced on or after January 1, 2026, no fewer than five percent or one vehicle charging space should incorporate the standards from the access board until applicable regulations are issued by the federal department of justice or the federal department of transportation.

(b) As used in this subsection (2.5):

(I) "Access board" means the United States access board.

(II) "Electric vehicle charger" means a device with one or more charging ports and connectors for charging electric vehicles.

(III) "Electric vehicle charging station" or "charging station" means a common location with one or more electric vehicle chargers.

(IV) "Replaced" means substantially modified or substituted with another unit, as indicated by a change in the serial number, electric vehicle supply equipment ID, or EVSE ID, or model name.

(V) "Vehicle charging space" means a space to park an electric vehicle for charging.

(3) (a) Notwithstanding section 31-23-309, this section controls if there is a conflict between this section and another section in this part 3 or between this section and a regulation made under authority of this part 3.

(b) This section does not lower the protections provided for people with disabilities, including the number of parking spaces for people that are mobility impaired, than the protections provided by the federal "Americans with Disabilities Act of 1990", 42 U.S.C. sec. 12101 et seq., and parts 6 and 8 of article 34 of title 24.
C.R.S. § 31-31.5-405 — CO Code / Title 31 / Article 31.5 / Part 4 / Section 31-31.5-405
31-31.5-405. Hybrid component benefits
Status: in_force

31-31.5-405. Hybrid component benefits. (1) In calculating the normal retirement pension for a member who has years of service credit in the hybrid component, the benefit shall be:

(a) A multiplier, which the board shall establish by adjusting the funding status of the predecessor statewide hybrid plan to equal the funding status of the predecessor statewide defined benefit plan using valuations as of December 31, 2021, and based on the recommendations made by the plan's actuary, multiplied by the years of service credit earned or purchased in the statewide hybrid plan prior to January 1, 2023, multiplied by the average of the member's highest three years' base salary; plus

(b) One and one-half percent multiplied by the years of service credit earned or purchased in the hybrid component on or after January 1, 2023, multiplied by the average of the member's highest three years' base salary.
C.R.S. § 31-31-402 — CO Code / Title 31 / Article 31 / Part 4 / Section 31-31-402
31-31-402. Employer and member contributions - repeal
Status: repealed

31-31-402. Employer and member contributions - repeal. (Repealed)
C.R.S. § 31-25-105.5 — CO Code / Title 31 / Article 25 / Part 1 / Section 31-25-105.5
31-25-105.5. Acquisition of private property by eminent domain by authority for subsequent tr
Status: in_force

31-25-105.5. Acquisition of private property by eminent domain by authority for subsequent transfer to private party - restrictions - exceptions - right of civil action - damages - definitions. (1) Except as provided in this subsection (1) or subsection (2) of this section, no private property acquired by eminent domain by an authority pursuant to section 31-25-105 (1)(e) after June 4, 2004, shall be subsequently transferred to a private party unless:

(a) The owner of the property consents in writing to acquisition of the property by eminent domain by the authority;

(b) The governing body of the authority determines that the property is no longer necessary for the purpose for which it was originally acquired, and the authority first offers to sell the property to the owner from whom it was acquired, if the owner can be located, at a price not more than that paid by the authority and the owner of the property declines to exercise such right of first refusal;

(c) The property acquired by the authority has been abandoned; or

(d) The owner of the property requests or pleads in an eminent domain action that the authority acquiring the property also acquire property that is not essential to the purpose of the acquisition on the basis that acquiring less property would leave the owner of the property holding an uneconomic remnant.

(2) (a) Where a proposed transfer of private property acquired by an authority by eminent domain does not satisfy one of the requirements specified in subsection (1) of this section, such property acquired by eminent domain by an authority after June 4, 2004, may be subsequently transferred to a private party only upon satisfaction of each of the following conditions:

(I) The governing body has made a determination that the property is located in a blighted area or the property itself is blighted, and the urban renewal project for which the property is being acquired shall be commenced no later than seven years from the date the blight determination is made. For purposes of this section, the determination of whether a particular area or property is blighted shall be based upon reasonably current information obtained at the time the blight determination is made.

(II) Not later than the commencement of the negotiation of an agreement for redevelopment or rehabilitation of property acquired or to be acquired by eminent domain, the authority provides notice and invites proposals for redevelopment or rehabilitation from all property owners, residents, and owners of business concerns located on the property acquired or to be acquired by eminent domain in the urban renewal area by mailing notice to their last-known address of record. The authority may also at the same time invite proposals for redevelopment or rehabilitation from other interested persons who may not be property owners, owners of business concerns, or residents within the urban renewal area, and may provide public notice thereof by publication in a newspaper having a general circulation within the municipality in which the authority has been established.

(III) In the case of a set of parcels to be acquired by the authority in connection with an urban renewal project, at least one of which is owned by an owner refusing or rejecting an agreement for the acquisition of the entire set of parcels, the authority makes a determination that the redevelopment or rehabilitation of the remaining parcels is not viable under the urban renewal plan without the parcel at issue.

(b) Any owner of property located within the urban renewal area may challenge the determination of blight made by the governing body pursuant to subparagraph (I) of paragraph (a) of this subsection (2) by filing, not later than thirty days after the date the determination of blight is made, a civil action in district court for the county in which the property is located pursuant to C.R.C.P. 106 (a)(4) for judicial review of the exercise of discretion on the part of the governing body in making the determination of blight. Any such action shall be governed in accordance with the procedures and other requirements specified in the rule; except that the governing body shall have the burden of proving that, in making its determination of blight, it has neither exceeded its jurisdiction nor abused its discretion.

(c) Notwithstanding any other provision of law, any determination made by the governing body pursuant to paragraph (a) of this subsection (2) shall be deemed a legislative determination and shall not be deemed a quasi-judicial determination.

(d) Notwithstanding any other provision of this section, no transfer that satisfies the requirements of subsection (1) of this section shall be subject to the provisions of this subsection (2), subsection (3) or (4), or paragraph (a) of subsection (5) of this section.

(3) Any authority seeking to acquire property by eminent domain in accordance with the requirements of subsection (2) of this section shall reimburse the owner of the property for reasonable attorney fees incurred by the owner in connection with the acquisition where the owner is the prevailing party on a challenge brought under paragraph (b) of subsection (2) of this section.

(4) (a) Any authority that exercises the power of eminent domain to transfer acquired property to another private party as authorized in accordance with the requirements of this section shall adopt relocation assistance and land acquisition policies to benefit displaced persons that are consistent with those set forth in article 56 of title 24, C.R.S., to the extent applicable to the facts of each specific property, and, at the time of the relocation of the owner or the occupant, shall provide compensation or other forms of assistance to any displaced person in accordance with such policies. In addition, in the case of a business concern displaced by the acquisition of property by eminent domain, the authority shall make a business interruption payment to the business concern not to exceed the lesser of ten thousand dollars or one-fourth of the average annual taxable income shown on the three most recent federal income tax returns of the business concern.

(b) In any case where the acquisition of property by eminent domain by an authority displaces individuals, families, or business concerns, the authority shall make reasonable efforts to relocate such individuals, families, or business concerns within the urban renewal area, where such relocation is consistent with the uses provided in the urban renewal plan, or in areas within reasonable proximity of, or comparable to, the original location of such individuals, families, or business concerns.

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

(a) "Blighted area" shall have the same meaning as set forth in section 31-25-103 (2); except that, for purposes of this section only, "blighted area" means an area that, in its present condition and use and, by reason of the presence of at least five of the factors specified in section 31-25-103 (2)(a) to (2)(l), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare.

(b) "Private property" or "property" means, as applied to real property, only a fee ownership interest.
C.R.S. § 31-25-542 — CO Code / Title 31 / Article 25 / Part 5 / Section 31-25-542
31-25-542. County treasurer - policies and procedures
Status: in_force

31-25-542. County treasurer - policies and procedures. The county treasurer may adopt policies and procedures which the county treasurer deems necessary and reasonable for the administration and collection of assessments which are to be collected by the county treasurer and which are imposed and payable pursuant to the provisions of this part 5 or pursuant to any home rule charter and any ordinances adopted pursuant thereto; however, prior to adoption, copies of such proposed policies and procedures shall be delivered to all municipalities located in the county and, after giving notice to such municipalities, a public hearing shall be held by the county treasurer on such proposed policies and procedures.
C.R.S. § 31-31.5-504 — CO Code / Title 31 / Article 31.5 / Part 5 / Section 31-31.5-504
31-31.5-504. Distribution of money purchase component accounts
Status: in_force

31-31.5-504. Distribution of money purchase component accounts. (1) A member's vested account balance becomes eligible for distribution upon the member's death, permanent occupational or total disability pursuant to part 8 of article 31 of this title 31, normal, vested, or early retirement, or termination of employment.

(2) Upon becoming eligible for distribution and upon approval of the board, a member, or the designated beneficiary if the member dies before distribution of the member's individual account, may elect to receive the vested portion of balance of the member's individual account by one of the following methods:

(a) The member or designated beneficiary may choose a lump sum payment of all or a portion of the member's individual account.

(b) The member or designated beneficiary may elect to have the value of all or a portion of the individual account used to purchase an annuity contract, with a term and in a form as the member elects. If there is an elected distribution in the form of an annuity, any benefit payable as a result of the member's or beneficiary's death must be determined solely under the terms of the annuity contract.

(c) The member may elect to have all or a portion of the member's individual account distributed in substantially equal monthly payments over the member's life expectancy or a period not to exceed the joint life expectancy of the member and a spouse, if the spouse is the sole beneficiary, or until the account is exhausted. If the member dies prior to the member's required beginning date, the designated beneficiary may elect to have all or a portion of the member's individual account distributed in substantially equal monthly payments over a period not to exceed the life expectancy of the designated beneficiary.

(d) A member who is vested in both member and employer contributions to the money purchase component of the plan and has attained age fifty-five may elect to transfer all or part of the member's individual account balance within the plan from the money purchase component account to the lifetime benefits account to purchase a monthly benefit, which is considered a portion of the pension under part 4 of this article 31.5. At retirement, a member may make a one-time irrevocable election to purchase the monthly benefit in a single lump sum, which must be transferred prior to the receipt of benefits from the lifetime benefit components. Funds may not be transferred from outside the statewide retirement plan to purchase a monthly benefit. Any transferred or rollover funds, except those funds transferred by a department as part of an affiliation or reentry process, held within the member's individual account are not eligible for purchase of a monthly benefit and remain in the account until otherwise distributed.

(3) A member who terminates employment and has taken a refund of the member's contributions to the lifetime benefit components is not required to withdraw the money purchase component account, which shall be maintained and shall continue to receive allocations for earnings and expenses until the assets of the account are distributed.

(4) The board may establish by rule a minimum value for an individual account and may require distribution if an account falls below the required minimum value without receipt of a request for distribution.

(5) Upon a member's death with no designated beneficiary, the member's individual account must be distributed to the member's estate. Upon the death of a designated beneficiary who succeeded the member in death, the member's individual account must be distributed to the designated beneficiary's estate.

(6) To the extent allowed under the federal "Internal Revenue Code of 1986", as amended, the board may, but is not required to, provide by rule for loans or disaster distributions to members and for in-service distributions.
C.R.S. § 31-30-105 — CO Code / Title 31 / Article 30 / Part 1 / Section 31-30-105
31-30-105. Ordinance - violation
Status: in_force

31-30-105. Ordinance - violation. (1) Any ordinance adopted by the governing body of any city or town under the provisions of this part 1 shall include the following provisions and penalty for violation thereof: No person holding an office or place in a fire, police, or street department placed by the governing body under a civil service system pursuant to the provisions of this part 1 shall seek or accept election, nomination, or appointment as an officer of a political club or organization; take an active part in a county or municipal political campaign; serve as a member of a committee of such club, organization, or circle; seek signatures to any petition provided for by any law; act as a worker at the polls; or distribute badges, pamphlets, dodgers, or handbills of any kind favoring or opposing any candidate for election or for nomination to a public office, whether county or municipal. Nothing in this part 1 shall prevent any such officer or employee from becoming or continuing to be a member of a political club or organization, attending a political meeting, or enjoying entire freedom from all interference in casting his vote.

(2) Any willful violation of this section or violation through culpable negligence is sufficient grounds to authorize the discharge of any firefighter, police officer, or street department employee.
C.R.S. § 31-3-105 — CO Code / Title 31 / Article 3 / Part 1 / Section 31-3-105
31-3-105. Books deposited - court records
Status: in_force

31-3-105. Books deposited - court records. The books, documents, records, papers, and corporate seal of any city or town so discontinued shall be deposited with the county clerk and recorder of the county with which the petition was filed, for safekeeping and reference in the future.
C.R.S. § 31-25-1217 — CO Code / Title 31 / Article 25 / Part 12 / Section 31-25-1217
31-25-1217. Property sold for taxes
Status: in_force

31-25-1217. Property sold for taxes. The taxes provided for in this part 12 shall be included as a part of general ad valorem taxes and shall be paid and collected accordingly. The sale of properties for delinquencies shall be conducted in the manner provided by the statutes of this state for selling property for nonpayment of other ad valorem taxes.
C.R.S. § 31-10-1534 — CO Code / Title 31 / Article 10 / Part 15 / Section 31-10-1534
31-10-1534. Tampering with voting machine
Status: in_force

31-10-1534. Tampering with voting machine. Any person who tampers with a voting machine before, during, or after any municipal election with intent to change the tabulation of votes thereon to reflect other than an accurate accounting commits a class 1 misdemeanor.
C.R.S. § 31-21-404 — CO Code / Title 31 / Article 21 / Part 4 / Section 31-21-404
31-21-404. Payment in bonds - warrant for excess
Status: in_force

31-21-404. Payment in bonds - warrant for excess. (1) The tax-collecting officers are authorized to accept full payment of such taxes in said bonds or coupons and to cancel said bonds and coupons on such payment. Said tax-collecting officers are authorized to deliver to the person paying such tax a certificate, in duplicate, showing such payment and a description of the property on which the tax was paid, which certificate may be filed or recorded in the office of the county clerk and recorder of the county wherein the property is situated.

(2) In the event that any bonds or coupons presented as payment exceed the amount due, the tax-collecting officers shall deliver to the property owner a certificate to that effect, whereupon the property owner shall be entitled to receive from the city or town a warrant on its treasury, payable out of the bond and interest fund, in the amount of such excess, which warrant until paid shall bear the same rate of interest as the bonds for the payment of which the tax was levied.
C.R.S. § 31-15-405 — CO Code / Title 31 / Article 15 / Part 4 / Section 31-15-405
31-15-405. Opioid treatment for a person in custody
Status: in_force

31-15-405. Opioid treatment for a person in custody. A municipality that chooses to establish and operate a jail, as authorized in section 31-15-401 (1)(j), is strongly encouraged to comply with the provisions of section 17-26-104.9 concerning opioid treatment for a person in custody.
C.R.S. § 31-4-406 — CO Code / Title 31 / Article 4 / Part 4 / Section 31-4-406
31-4-406. Territorial corporations - compensation fixed by electors
Status: in_force

31-4-406. Territorial corporations - compensation fixed by electors. In cities and towns of not more than five thousand inhabitants incorporated prior to July 3, 1877, the mayor and members of the governing body shall not receive any compensation for services rendered by them as such mayor or members unless the question of paying such mayor or members for their services is first submitted to the registered electors of such city or town and unless a majority of those voting thereon vote in favor thereof. All ordinances, resolutions, and other acts of the governing body of any such city or town authorizing or directing the payment of any compensation to any such officer shall be and remain void. Nothing in this section shall apply to any municipal judge who acts or officiates as president of any governing body.
C.R.S. § 31-15-708 — CO Code / Title 31 / Article 15 / Part 7 / Section 31-15-708
31-15-708. Water and water systems
Status: in_force

31-15-708. Water and water systems. (1) The governing body of each municipality has the power:

(a) To construct public wells, cisterns, and reservoirs in the streets and other public and private places within the municipality or beyond the limits thereof for the purpose of supplying the same with water, to provide proper pumps and conducting pipes or ditches, to regulate the distribution of water for irrigating and other purposes, and to levy an equitable and just tax upon all consumers of water for the purpose of defraying the expense of such improvements;

(b) (I) To take water in sufficient quantity, for the purpose provided in paragraph (a) of this subsection (1), from any stream, creek, gulch, or spring in this state. If the taking of such water in such quantity materially interferes with or impairs the vested right of any person residing upon such creek, gulch, or stream or doing any milling or manufacturing business thereon, the governing body shall first obtain the consent of such person or acquire the right of domain by condemnation as prescribed by law and make full compensation or satisfaction for all the damages thereby occasioned to such person.

(II) When it is deemed necessary by any municipality to enter upon or take private property for any of the uses set forth in this section, the property shall be examined and appraised and the damages thereon assessed. The proceedings shall be in all respects the same as provided by articles 1 to 7 of title 38, C.R.S., for the taking of private property for public or private use.

(c) To regulate the water supply used in said municipality for domestic or household purposes and to prohibit and condemn the use of any and all surface wells and the waters thereof for domestic or household purposes when the same are found injurious to the health of said municipality or of the inhabitants thereof;

(d) To supply water from its water system to consumers outside the municipal limits of the municipality and to collect such charges upon such conditions and limitations as said municipality may impose by ordinance.
C.R.S. § 31-25-819 — CO Code / Title 31 / Article 25 / Part 8 / Section 31-25-819
31-25-819. Conflict of interest
Status: in_force

31-25-819. Conflict of interest. No board member nor any employee of the board shall vote or otherwise participate in any matter in which he has a specific financial interest, defined as a matter in which the member or employee would receive a benefit or incur a cost substantially greater than other property owners within the district. When such interest appears, it is the duty of the board member or employee to make such interest known, and he shall thenceforth refrain from voting on or otherwise participating in the particular transaction involving such interest. Willful violation of the provisions of this section constitutes malfeasance on the part of a member of the board and is grounds for instant dismissal of any employee. The governing body may by ordinance provide for automatic forfeiture of office by a board member for violation of this section.
C.R.S. § 31-10-203 — CO Code / Title 31 / Article 10 / Part 2 / Section 31-10-203
31-10-203. Registration required
Status: in_force

31-10-203. Registration required. (1) Except where a statute specifically provides otherwise, no person shall be permitted to vote at any municipal election without first having registered within the time and in the manner required by this section and sections 31-10-204 and 31-10-205.

(2) Registration requirements for municipal elections shall be the same as those governing general elections. Registration with the county clerk and recorder shall constitute registration for municipal elections.

(3) Where a statute specifically allows persons who have qualifications different from registered electors to vote on a particular measure, the governing body may require that each such person desiring to vote sign a written oath before voting that he meets each qualification required to vote on the measure.
C.R.S. § 31-25-1119 — CO Code / Title 31 / Article 25 / Part 11 / Section 31-25-1119
31-25-1119. Fifteen-year limitation
Status: in_force

31-25-1119. Fifteen-year limitation. No action shall be commenced to foreclose the lien created by any bonds or warrants issued pursuant to the making of any public improvement, including the establishment, widening, grading, paving, or other improvement of any alley, street, or road, special districts for internal improvement, local improvements by cities or towns, streets, sewers, district sanitary sewers, storm sewers, or subdistricts thereof, municipal special assessment, conservancy districts, or any other such improvement for which taxing authority is authorized by law to make assessments and collect taxes for the purpose of retiring said bonds or warrants, unless the action is commenced within fifteen years from the date of maturity of the last issue of said bonds.
C.R.S. § 31-2-107 — CO Code / Title 31 / Article 2 / Part 1 / Section 31-2-107
31-2-107. Adoption of home rule charter upon incorporation
Status: in_force

31-2-107. Adoption of home rule charter upon incorporation. A city or town may be organized as a home rule city or town upon incorporation, in which event the form of the petition and the proceedings attendant upon the election of commissioners and other matters relating thereto shall be governed by the provisions of section 31-2-209.
C.R.S. § 31-23-316 — CO Code / Title 31 / Article 23 / Part 3 / Section 31-23-316
31-23-316. Electric motor vehicle charging systems - municipal permitting procedures - perm
Status: in_force

31-23-316. Electric motor vehicle charging systems - municipal permitting procedures - permit application - approval process - definitions. (1) Definitions. As used in this section, unless the context otherwise requires:

(a) "Administrative review process" means a process:

(I) In which an EV charger permit is approved, approved with conditions, or denied by administrative staff of a municipal permitting agency based solely on the application's compliance with objective standards set forth in municipal zoning laws or other municipal laws; and

(II) That does not require a public hearing, a recommendation, or a decision by an elected or appointed public body or hearing officer except as provided in subsection (4)(d) of this section.

(b) "Colorado energy office" means the Colorado energy office created in section 24-38.5-101.

(c) "Disproportionately impacted community" has the meaning set forth in section 24-4-109 (2)(b)(II).

(d) "Electric motor vehicle charging system" or "charging system" has the meaning set forth in section 38-12-601 (6)(a).

(e) "EV charger permit" means the final approval of an application for installation of an electric motor vehicle charging system that a municipality may require to authorize an applicant to commence construction of the charging system and a permit application for an electrical permit established under article 115 of title 12 and issued by the state electrical board.

(f) (I) "Municipal permitting agency" means the entity or entities for a municipality that are responsible for issuing an EV charger permit for the construction of an electric motor vehicle charging system.

(II) "Municipal permitting agency" may include:

(A) A municipal building department or agency;

(B) A municipal planning department or agency; or

(C) A municipal public works or road and bridge department or agency.

(g) "Objective standard" means a standard that:

(I) Is uniformly verifiable and ascertainable by reference to an available external or uniform benchmark or criterion by the applicant and municipal permitting agency staff prior to the applicant's filing of an EV charger permit application; and

(II) Does not require municipal permitting agency staff to make a subjective determination concerning an EV charger permit application.

(2) (a) On or before December 31, 2025, the governing body of a municipality with a population of ten thousand or more according to the 2020 federal census shall do one of the following:

(I) Adopt an ordinance or resolution to incorporate the same standards and permitting process or less restrictive standards and permitting process as the standards and permitting process described in the EV charger permitting model code developed by the Colorado energy office pursuant to subsection (3) of this section;

(II) (A) Adopt an ordinance or resolution that establishes objective standards and an administrative review process to be used by the municipal permitting agency during the municipality's review of applications for EV charger permits in accordance with subsections (4) and (5) of this section.

(B) An ordinance or resolution adopted by the municipality pursuant to this subsection (2)(a)(II) shall be developed in consultation with the local fire department or fire district, any electric utilities serving the municipality, and other relevant stakeholders, as determined by the municipality.

(III) Adopt an ordinance or resolution that establishes that the municipality does not intend to adopt an ordinance or resolution in accordance with subsection (2)(a)(I) or (2)(a)(II) of this section and that the municipal permitting agency will continue to utilize the municipality's existing permitting review process for EV charger permit applications.

(b) On or before March 1, 2026, a municipality that is subject to the requirements of subsection (2)(a) of this section shall submit a report to the Colorado energy office describing the municipality's compliance with subsection (2)(a) of this section.

(c) On or before January 31, 2027, a municipality subject to the requirements of subsection (2)(a) of this section shall submit a report to the Colorado energy office regarding each application for an EV charger permit that was received by the municipal permitting agency between December 31, 2025, and December 1, 2026. The report must include:

(I) The final determination made by the municipal permitting agency for each EV charger permit application; and

(II) For each EV charger permit application submitted to the municipal permitting agency, the duration between the date that the EV charger permit application was deemed complete by the municipal permitting agency and the date that the municipal permitting agency made a final determination on the EV charger permit application.

(d) If the governing body of a municipality adopts the EV charger permitting model code pursuant to subsection (2)(a)(I) of this section or adopts an ordinance or resolution in accordance with subsection (2)(a)(III) of this section, the requirements of subsections (4) and (5) of this section do not apply to the municipality.

(3) (a) On or before March 31, 2025, the Colorado energy office shall publish an EV charger permitting model code that contains guidelines for the adoption of EV charger permit standards and permitting processes for municipalities.

(b) The EV charger permitting model code developed by the Colorado energy office pursuant to subsection (3)(a) of this section must be developed in consultation with municipalities, representatives from disproportionately impacted communities, public electric utilities, and other relevant stakeholders, as determined by the Colorado energy office.

(c) The EV charger permitting model code developed by the Colorado energy office in accordance with this subsection (3) shall only apply to a municipality's land use and zoning permitting processes and shall not contravene:

(I) State electrical permitting requirements or procedures;

(II) Municipal electrical permitting requirements or procedures;

(III) State electrical inspection requirements;

(IV) Municipal electrical inspection requirements; or

(V) National electric code requirements or regulations related to electric motor vehicle charging systems.

(d) The EV charger permitting model code developed by the Colorado energy office in accordance with this subsection (3) shall not contain required timelines that a municipal permitting agency must comply with for the review, approval, or denial of EV charger permit applications.

(4) (a) A municipal permitting agency shall approve, conditionally approve, or deny an application for an EV charger permit using the municipality's administrative review process to determine if the proposed electric motor vehicle charging system is in compliance with the municipality's objective standards.

(b) A municipal permitting agency shall not deny or place conditions on an EV charger permit application unless the denial or conditions are for the purpose of reasonably protecting public health or safety.

(c) If a municipal permitting agency denies an application for an EV charger permit, the municipal permitting agency shall make written findings that the proposed electric motor vehicle charging system would violate the municipality's objective standards or would not be reasonably protective of public health or safety and provide those written findings to the applicant within three business days after the date the municipal permitting agency denies the application.

(d) An applicant for an EV charger permit that is denied a permit or has conditions placed on the approval of an EV charger permit by a municipal permitting agency may appeal the municipal permitting agency's decision to the governing body of the municipality.

(e) The requirements of this subsection (4) do not apply to municipalities that adopt the EV charger permitting model code pursuant to subsection (2)(a)(I) of this section or adopt an ordinance or resolution in accordance with subsection (2)(a)(III) of this section.

(5) (a) The municipal permitting agency must make available to prospective applicants for EV charger permits a checklist of all requirements that must be included in an application for an EV charger permit.

(b) A municipal permitting agency shall review an application for an EV charger permit to confirm that the application sufficiently meets the requirements of the checklist described in subsection (5)(a) of this section.

(c) A municipal permitting agency shall consider an application for an EV charger permit that satisfies the requirements of the checklist described in subsection (5)(a) of this section a complete application.

(d) If an applicant for an EV charger permit submits an application that does not meet all the requirements of the checklist described in subsection (5)(a) of this section, the municipal permitting agency shall, within three business days after the date the municipal permitting agency determines the application is not sufficient, send a written notice to the applicant that details all of the deficiencies with the application and any additional information required for the application to be considered complete.

(e) The requirements of this subsection (5) do not apply to municipalities that adopt the EV charger permitting model code pursuant to subsection (2)(a)(I) of this section or adopt an ordinance or resolution in accordance with subsection (2)(a)(III) of this section.

(6) (a) The Colorado energy office shall provide technical assistance to municipalities to assist a municipality in complying with the requirements of this section, including providing:

(I) Support for the development and adoption of municipal codes; and

(II) Materials and support for training municipal permitting agency staff with interpreting and applying EV charger permit standards and processes.

(b) The Colorado energy office shall use money in the electric vehicle grant fund, created in section 24-38.5-103, to provide technical assistance to municipalities in accordance with this subsection (6).

(c) The Colorado energy office shall prioritize providing technical assistance to counties that have a significant number of disproportionately impacted communities.

(7) Regardless of the ordinance or resolution adopted by the governing body of a municipality in accordance with subsection (2)(a) of this section, a municipal permitting agency shall, within three business days after the date the municipal permitting agency makes the determination to approve, conditionally approve, or deny an application, send notice to an applicant for an EV charger permit that states the municipal permitting agency's determination on the applicant's EV charger permit application.
C.R.S. § 31-20-304 — CO Code / Title 31 / Article 20 / Part 3 / Section 31-20-304
31-20-304. Reports - annual account - publication
Status: in_force

31-20-304. Reports - annual account - publication. The treasurer shall report to the governing body, as often as required, a full and detailed account of all receipts and expenditures of the city or town as shown by his books up to the time of said report. Annually, by March 1 after the close of the fiscal year, he shall make out and file with the clerk a full and detailed account of all such receipts and expenditures and of all his transactions as such treasurer during the preceding fiscal year and shall show in such account the state of the treasury at the close of the fiscal year, which account the clerk shall immediately cause to be published in a newspaper printed in such city or town if there is one and, if not, by posting the same in a public place in the clerk's office.
C.R.S. § 31-30.5-213 — CO Code / Title 31 / Article 30.5 / Part 2 / Section 31-30.5-213
31-30.5-213. Dissolution of fire departments
Status: in_force

31-30.5-213. Dissolution of fire departments. In the event of dissolution, for any reason, of fire departments whereby the services of firefighters or fire departments are discontinued, the firefighters or their surviving spouses, dependent parents, and children receiving benefits at the time of such dissolution shall continue to receive such benefits in accordance with the provisions of this article. Assets of the pension funds shall be transferred with other assets of the department and shall be administered by the board of trustees of the successor pension fund. In no event shall the rate of compensation be altered either after commencement of proceedings for dissolution has occurred or after its completion. After attaining fifty years of age, any firefighter having accrued ten or more years of active service at the time of such dissolution shall be granted an annuity, prorated in accordance with the number of years of service and the amount of annuity being paid for age and service pensions by the board of trustees of such pension fund at the time of such dissolution.
C.R.S. § 31-31-303 — CO Code / Title 31 / Article 31 / Part 3 / Section 31-31-303
31-31-303. Fire and police members' self-directed investment fund - management - investment
Status: in_force

31-31-303. Fire and police members' self-directed investment fund - management - investment. (1) The board shall be the trustee of the fire and police members' self-directed investment fund subject to the members' allocation of moneys in their accounts to the alternatives offered by the board. A member who exercises control over the plan assets in the members' account shall not be deemed to be a fiduciary by reason of such exercise of control, and the board shall not be liable for any loss that results from such exercise of control.

(2) The board shall designate one or more financial institutions as custodians of the fire and police members' self-directed investment fund. All moneys paid or transmitted to the custodian shall be credited to appropriate accounts in the fund, and the custodian shall maintain a current inventory of all investments of the fund.

(3) Disbursements from the fire and police members' self-directed investment fund shall be made, subject to the approval of the board, only for payment of the expenses of the association in connection with the administration of the fund, refunds to the members, benefits, and investment purposes.

(4) (a) The board may allow a member to exercise control of the investment of part or all of the member's accrued benefit under the member's plan. In allowing a member to exercise such control, the board shall:

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

(II) Allow the member to change investments at least once each calendar quarter; and

(III) Provide the member with information describing the investment alternatives, the nature, investment performance, fees, and expenses of investment alternatives, and other information to enable a member to make informed investment decisions.

(b) The board shall adopt rules governing the calculation and allocation of earnings and losses under the various investment alternatives that it may offer, the transfer of assets between funds under each alternative, the allocation of a member's account between investment alternatives, and such other matters as may be necessary to its administration and management of the fire and police members' self-directed investment fund created pursuant to this section.

(5) Any provider of investment products that contracts with the board shall be held to the standard of conduct set forth in paragraph (a) of subsection (4) of this section with respect to those functions over which the provider has substantial discretion. The board is authorized to take such steps, including but not limited to making contract amendments, as are required to accomplish the provisions of this subsection (5).

(6) The board shall submit an annual audit of the fire and police members' self-directed investment fund to the general assembly and the annual audit of the fund to each employer. Each employer shall make the audit available for review by its members.
C.R.S. § 31-25-112.5 — CO Code / Title 31 / Article 25 / Part 1 / Section 31-25-112.5
31-25-112.5. Inclusion of unincorporated territory in urban renewal area
Status: in_force

31-25-112.5. Inclusion of unincorporated territory in urban renewal area. (1) Notwithstanding any other provision of this part 1, an urban renewal plan, urban renewal project, or urban renewal area may include unincorporated territory that is outside the boundaries of a municipality but contiguous to a portion of the urban renewal area located within the municipality. No such territory shall be included in the plan, project, or area without the consent of the board of county commissioners exercising jurisdiction over the unincorporated territory proposed for inclusion and the consent of each owner of, and each holder of a recorded mortgage or deed of trust encumbering, real property within the unincorporated area proposed for inclusion.

(2) In addition to the procedures for approval of a proposed urban renewal plan by the governing body as required by section 31-25-107, the unincorporated territory may be included in the urban renewal plan, project, or area upon satisfaction of each of the following additional requirements:

(a) The board of county commissioners makes a determination that the urban renewal area proposed for inclusion in the plan is a slum or blighted area in accordance with the procedures set forth in section 31-25-107 (1).

(b) The board of county commissioners refers the urban renewal plan to the planning commission of the county for a determination as to the conformity of the urban renewal plan with the general plan for development for the county in accordance with the procedures specified in section 31-25-107 (2).

(c) The board of county commissioners conducts a public hearing and makes findings and a determination to approve inclusion of the unincorporated territory in the urban renewal plan, project, or area in accordance with the procedures set forth in section 31-25-107 (3), (4), (5), and (6).

(d) The board of county commissioners makes an additional finding, prior to approving the inclusion, that each owner of, and each holder of a recorded mortgage or deed of trust encumbering, real property in the unincorporated territory proposed for inclusion in the urban renewal plan, project, or area consents to the inclusion.

(e) The board of county commissioners determines whether the unincorporated territory shall be included in any provision for the division of taxes in the urban renewal area as authorized by section 31-25-107 (9), and, if so determined, the board notifies the county assessor of such inclusion as required by section 31-25-107 (10).

(3) Notwithstanding any other provision of this part 1, the requirements of section 31-25-107 (3.5) shall not apply to any urban renewal plan proposed and approved pursuant to this section.

(4) Any urban renewal plan approved in accordance with this section may be modified as provided in section 31-25-107 (3)(a); except that a modification shall be approved by the board of county commissioners, the governing body, and the authority.

(5) An authority, a municipality, and a county may, consistent with the requirements of this section, enter into an intergovernmental agreement to further effectuate the purposes of this section and to provide for the inclusion of unincorporated territory in an urban renewal area.
C.R.S. § 31-10-615 — CO Code / Title 31 / Article 10 / Part 6 / Section 31-10-615
31-10-615. Judges to post returns
Status: in_force

31-10-615. Judges to post returns. In addition to all certificates otherwise required to be made of the count of votes polled at any election, the judges of election are hereby required to make out an abstract of the count of votes, which abstract shall contain the names of the offices, names of the candidates, ballot titles and submission clauses of all initiated, referred, or other measures voted upon, and the number of votes counted for or against each candidate or measure. Said abstract shall be posted in a conspicuous place upon the outside of the polling place immediately upon completion of the count. The abstract may be removed at any time after forty-eight hours following the election. Suitable blanks for the required abstract shall be prepared, printed, and furnished to all judges of election at the same time and in the same manner as other election supplies are furnished.
C.R.S. § 31-25-514 — CO Code / Title 31 / Article 25 / Part 5 / Section 31-25-514
31-25-514. Streets - railway companies subject to tax
Status: in_force

31-25-514. Streets - railway companies subject to tax. (1) Whenever any grading, paving, or other kind of street improvement district is created under this part 5, the governing body may include in the area to be paved, graded, or otherwise improved the entire width of street from curb to curb or any part thereof, including the portion of said street occupied by or required by franchise obligation to be paid by or chargeable or assessable to any railway company whose railroad runs through or across any street in said district, and shall charge to, assess, and collect the proper proportion of the cost of the improvement from such railway company in the same manner as is provided for in case of other property, and shall issue bonds for the same, which bonds shall be issued and made payable in like manner as bonds issued for the improvement to be assessed against the real estate specially benefited.

(2) In the meaning of this section, in the absence of a franchise obligation to grade or pave or otherwise improve, a railway company shall be held to occupy and is liable for the grading, paving, or other improvement of that part of the street lying between the rails of each track and two feet outside of each rail, and every railway company, whether street railway or otherwise, shall be assessed for the cost of such improvement of any part of any street or alley occupied by or required by franchise obligation to be so improved. The assessment levied for the cost of said improvements chargeable to a railway company shall be a perpetual tax lien against the entire franchise and property of the company, both within and without said district but within the limits of the municipality where such improvement is made, superior to all other liens except general tax liens.

(3) All the terms, conditions, and provisions in this part 5 relative to the collection of the amounts chargeable against property specially benefited shall be applicable in the enforcement and collection of such assessment against such railway company, and the property of such railway company, in case of default in payment of such assessment, shall be sold as in cases of default in payment of general taxes levied thereon; but railway trackage shall not be considered or computed as assessable frontage in determining the sufficiency of petitions.
C.R.S. § 31-30-1203 — CO Code / Title 31 / Article 30 / Part 12 / Section 31-30-1203
31-30-1203. Volunteer service award plan
Status: in_force

31-30-1203. Volunteer service award plan. (1) The governing body of any emergency service provider may adopt and amend or provide for the administration and amendment of a volunteer service award plan for bona fide volunteers.

(2) If the governing body of the emergency service provider chooses to adopt and amend or provide for the administration and amendment of a volunteer service award plan, the body shall adopt a plan document providing for the administration of the volunteer service award that is intended to comply with the provisions of section 457 (e)(11) of the federal "Internal Revenue Code of 1986", as amended. The emergency service provider shall be responsible for ensuring that such plan document is in compliance with applicable law. Participation by volunteers shall be subject to the requirements and limitations of said section 457 (e)(11) and the applicable regulations promulgated under said section 457.

(3) The governing body of the emergency service provider that adopts a volunteer service award program shall invest public moneys held to pay such awards as may be allowed pursuant to parts 6 and 7 of article 75 of title 24, C.R.S.

(4) The existence or enactment of any qualified length of service plan to recognize volunteer service that is in effect prior to March 26, 2007, is hereby authorized.

(5) Notwithstanding any provision in this part 12 to the contrary, nothing shall preclude an emergency service provider from adopting any other incentive programs to assist bona fide volunteers.
C.R.S. § 31-10-1207 — CO Code / Title 31 / Article 10 / Part 12 / Section 31-10-1207
31-10-1207. Recount
Status: in_force

31-10-1207. Recount. (1) The municipal clerk shall conduct a recount of the votes cast in any election if it appears, as evidenced by the survey of returns, that the difference between the highest number of votes cast in the election and the next highest number of votes cast in the election is less than or equal to one-half of one percent of the highest number of votes cast in the election. Any recount conducted pursuant to this subsection (1) shall be completed no later than the fifteenth day following the election and shall be paid for by the governing body. The clerk shall give notice of the recount to all candidates and, in the case of a ballot issue or question, to any petition representatives identified pursuant to sections 31-2-221 (1), 31-4-502 (1)(a)(I), and 31-11-106 (2) that are affected by the result of the election. Such notice shall be given by certified mail, by posting such notice in three public places within the municipal limits, or by other means reasonably expected to notify the affected candidates or petition representatives. Any affected candidate or petition representative is allowed to be present during and observe the recount.

(2) Whenever a recount of the votes cast in an election is not required pursuant to subsection (1) of this section, any interested party, including a candidate for office or the petition representatives for a ballot issue or question, may submit to the clerk a written request for a recount at the expense of the interested party making the request. This request shall be filed with the clerk within ten days after the election. Before conducting the recount, the clerk shall give notice of the recount in accordance with the provisions of subsection (1) of this section, shall determine the cost of the recount, shall notify the interested party that requested the recount of such cost, and shall collect the cost of conducting the recount from such interested party. The interested party that requested the recount shall pay on demand the cost of the recount to the clerk. The funds paid to the clerk for the recount shall be placed in escrow for payment of all expenses incurred in the recount. If, after the recount, the result of the election is reversed in favor of the interested party that requested the recount or if the amended election count is such that a recount otherwise would have been required pursuant to subsection (1) of this section, the payment for expenses shall be refunded to the interested party who paid them. Any recount of votes conducted pursuant to this subsection (2) shall be completed no later than the fifteenth day after the election.

(3) The clerk shall be responsible for conducting the recount and shall be assisted by those persons who assisted in preparing the official abstract of votes. If the person cannot participate in the recount, another person shall be appointed as provided in section 31-10-1201. The clerk may appoint additional persons qualified to be the election judges who did not serve as judges in the election as assistants in conducting the recount. Persons assisting in the conduct of the recount shall be compensated as provided in section 31-10-1206.

(4) The clerk may require the production of any documentary evidence regarding the legality of any vote cast or counted and may correct the survey of returns in accordance with the clerk's findings based on the evidence presented.

(5) In precincts using paper or electronic ballots, the recounts shall be of the ballots cast, and the votes shall be tallied on sheets other than those used at the election. In precincts using voting machines, the recount shall be of the votes tabulated on the voting machines, and separate tally sheets shall be used for each machine.

(6) After a recount conducted pursuant to this section has been completed, the clerk shall notify the governing body of the results of the recount, shall make a certificate of election for each candidate who received the highest number of votes for an office for which a recount was conducted, and shall deliver the certificate to such candidate.
C.R.S. § 31-12-502 — CO Code / Title 31 / Article 12 / Part 5 / Section 31-12-502
31-12-502. Liability for taxes
Status: in_force

31-12-502. Liability for taxes. The land so disconnected shall not thereby be exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the governing body of such municipality while such land was within the limits thereof and which remains unpaid and for the payment of which said land could be lawfully taxed.
C.R.S. § 31-15-104 — CO Code / Title 31 / Article 15 / Part 1 / Section 31-15-104
31-15-104. Powers not exclusive
Status: in_force

31-15-104. Powers not exclusive. The enumeration of the powers set forth in this title shall not be construed to limit the exercise of any other power granted to municipalities by the provisions of any other law of this state.
C.R.S. § 31-30.5-208 — CO Code / Title 31 / Article 30.5 / Part 2 / Section 31-30.5-208
31-30.5-208. Fund not subject to levy
Status: in_force

31-30.5-208. Fund not subject to levy. Except for assignments for child support purposes as provided for in sections 14-10-118 (1) and 14-14-107, C.R.S., as they existed prior to July 1, 1996, for income assignments for child support purposes pursuant to section 14-14-111.5, C.R.S., for writs of garnishment that are the result of a judgment taken for arrearages for child support or for child support debt, for payments made in compliance with a properly executed court order approving a written agreement entered into pursuant to section 14-10-113 (6), C.R.S., and for restitution that is required to be paid for the theft, embezzlement, misappropriation, or wrongful conversion of public property or in the event of a judgment for a willful and intentional violation of fiduciary duties pursuant to this article where the offender or a related party received direct financial gain, no portion of the fund, before or after its order for distribution by the board to the persons entitled thereto, shall be held, seized, taken, subjected to, detained, or levied on by virtue of any attachment, execution, injunction, writ, interlocutory or other order or decree, or process or proceeding whatsoever issued out of or by any court of this state for the payment or satisfaction, in whole or in part, of any debt, damage, claim, demand, or judgment against the employer or the beneficiary of the fund. Said fund shall be held and distributed for the purposes of this article and for no other purpose whatsoever.
C.R.S. § 31-15-706 — CO Code / Title 31 / Article 15 / Part 7 / Section 31-15-706
31-15-706. Railroad track
Status: in_force

31-15-706. Railroad track. (1) The governing body of each municipality has the power to grant the use of, or the right to lay down, any railroad track in any street of the municipality to any steam or street railroad company operating its cars, by any kind of mechanical motive power, only upon the written consent of the owners of the land representing more than one-half of the frontage of the street or so much thereof as is sought to be used for railroad purposes. No franchise shall be granted on that part of any street upon which any other company is operating cars without the written consent of a majority of the frontage owners in every block abutting the track already down upon said street.

(2) The governing body of each municipality has the power to extend, by condemnation or otherwise, any street, alley, or highway over or across or to construct any sewer under or through any railroad track, right-of-way, or land of any railroad company within the corporate limits, but where no compensation is made to such railroad company, the municipality shall restore such railroad track, right-of-way, or land to its former state or in a sufficient manner not to have impaired its usefulness.
C.R.S. § 31-31.5-402 — CO Code / Title 31 / Article 31.5 / Part 4 / Section 31-31.5-402
31-31.5-402. Plan funding - actuarial valuation and adjustments to maintain the actuarial sou
Status: in_force

31-31.5-402. Plan funding - actuarial valuation and adjustments to maintain the actuarial soundness of the plan. (1) The general assembly declares that the rates of member and employer contributions must be adequate to fund benefit liabilities accrued under the statewide retirement plan established by this article 31.5.

(2) (a) The board shall conduct an annual actuarial valuation of the statewide retirement plan and shall determine the cost of all benefits of the lifetime benefit components, which may include projected cost of living adjustments for each of the lifetime benefit components. The board shall submit an annual actuarial valuation report to the state auditor, the pension review committee, the legislative audit committee, and the joint budget committee of the general assembly, together with any recommendations concerning such liabilities as accrued. Amortization of liability over a forty-year period shall be deemed adequate to maintain actuarial stability.

(b) The board shall periodically conduct a review and study of the actual experience of the assets and liabilities of the lifetime benefit components of the statewide retirement plan. The board shall adjust the assumptions made with regard to each component as a result of the review and study.

(3) The board shall determine after each annual actuarial valuation if the cost of all benefits established by this part 4 and the cost of a normal retirement pension beginning at age fifty-five for members then eligible may be fully funded on an actuarially sound basis not including future projected cost of living adjustments without necessitating an increase in the employer and member contributions made pursuant to subsection (5) of this section.

(4) If in any year the board determines pursuant to subsection (2) of this section that the cost of the benefits described in this part 4 may not be fully funded on an actuarially sound basis, the board, in its discretion, may take the following actions singularly or in any combination and in any order:

(a) The board may terminate allocating surplus contributions to the money purchase component pursuant to section 31-31.5-301 (3);

(b) The board may terminate making cost of living adjustments pursuant to section 31-31.5-410;

(c) (I) The board may order that the normal retirement pension commence such number of months as are actuarially supportable, from one to sixty, after age fifty-five for members who are otherwise eligible pursuant to section 31-31.5-401 (2)(a). If the board adjusts the age of eligibility pursuant to this subsection (4)(c)(I), it shall also adjust the age of eligibility for benefits under section 31-31.5-401 (2)(b), (3), and (4) in a like manner. The determination of the board is conclusive absent fraud.

(II) A pension commenced before any adjustment in the age of eligibility pursuant to subsection (4)(c)(I) of this section is not subject to review. If a court determines that this subsection (4) is invalid, the age of retirement to be eligible for any normal retirement benefit shall be age sixty except for persons receiving a benefit at the time of the court's decision.

(d) The board may prospectively order that the benefit multiplier used in section 31-31.5-403 (1)(b) be reduced from two and one-half percent to as low as two percent for any given year or years;

(e) The board may suspend further implementation or participation in any plan amendment adopted pursuant to part 6 of this article 31.5 that contributes additional cost to the plan;

(f) The board may suspend further participation in the deferred retirement option plan pursuant to section 31-31.5-409 if it determines that the option contributes additional cost to the statewide retirement plan; and

(g) The board may reinstate any benefits terminated, adjusted, or suspended pursuant to this section if it determines that the action taken is no longer necessary to maintain the actuarial soundness of the lifetime benefit components. This may include, but is not limited to, retroactive reinstatement of the benefit multiplier reduced under subsection (4)(d) of this section.

(5) (a) If the actual financial experience of the lifetime benefits account is found to be more or less favorable than the assumed experience during the previous period, adjustments may be made by the board in the member and employer contributions as may be deemed feasible and advisable so long as the employer contribution rate adjustment is equal to the member contribution rate adjustment.

(b) The board shall not increase employer or member contributions pursuant to subsection (5)(a) of this section unless it has taken the actions permitted under subsections (4)(a) to (4)(f) of this section and it finds that the increase is necessary to maintain the actuarial soundness of the plan.

(6) Nothing in this section shall be construed to require the reduction of benefits below the level sustainable by the higher member or employer contribution rates established pursuant to section 31-31.5-601.
C.R.S. § 31-25-1118 — CO Code / Title 31 / Article 25 / Part 11 / Section 31-25-1118
31-25-1118. Procedure not mandatory
Status: in_force

31-25-1118. Procedure not mandatory. The proceeding authorized by this part 11 shall not be obligatory upon any taxing authority. Such taxing authority, at its election, may pursue any other remedy provided by law for the collection of delinquent assessments.
C.R.S. § 31-25-1223 — CO Code / Title 31 / Article 25 / Part 12 / Section 31-25-1223
31-25-1223. Effect - subsequent elections
Status: in_force

31-25-1223. Effect - subsequent elections. If any such proposition is approved at such election in the manner required by part 8 of article 1 of title 32, C.R.S., the district is authorized to incur such indebtedness or obligation, enter into such contract, or issue and sell such bonds of the district, as the case may be, all for the purposes and objects specified in the proposition submitted, in the amount so provided, and at a rate of interest such that the maximum net effective interest rate specified in the proposal is not exceeded. The bonds may be sold at public or private sale, as determined by the board to be in the best interests of the district. Submission of the proposition of incurring such obligation or bonded or other indebtedness at such an election shall not prevent or prohibit submission of the same or other propositions at subsequent elections called for such purpose.
C.R.S. § 31-10-1204 — CO Code / Title 31 / Article 10 / Part 12 / Section 31-10-1204
31-10-1204. Tie - lots - notice to candidates
Status: in_force

31-10-1204. Tie - lots - notice to candidates. If any two or more candidates receive an equal and the highest number of votes for the same office and if there are not enough offices remaining for all such candidates, the clerk and his assistant shall determine by lot the person who shall be elected. Reasonable notice shall be given to such candidates of the time when such election will be so determined.
C.R.S. § 31-25-303 — CO Code / Title 31 / Article 25 / Part 3 / Section 31-25-303
31-25-303. Town may improve parks
Status: in_force

31-25-303. Town may improve parks. Any town establishing parks, boulevards, parkways, avenues, or roads under the provisions of this part 3 by its duly constituted authorities shall have full power to cultivate, plant, and otherwise improve the same and shall establish and maintain necessary rules and regulations for the proper supervision and government.
C.R.S. § 31-30-1131 — CO Code / Title 31 / Article 30 / Part 11 / Section 31-30-1131
31-30-1131. Volunteer firefighter - employment termination restricted
Status: in_force

31-30-1131. Volunteer firefighter - employment termination restricted. (1) An employer shall not terminate an employee who is a volunteer firefighter and who fails to report to work because the employee has responded to an emergency summons if the employee provides the employer with a written statement from the chief of the fire department that the employee's absence was due to the response.

(1.5) An employer shall not terminate an employee who is a volunteer firefighter and who leaves work to respond to an emergency summons, if:

(a) The employer does not deem the employee to be essential to the operation of the employer's daily enterprise;

(b) The employer has previously received written documentation from the fire chief of the employee's fire department notifying the employer of the employee's status as a volunteer firefighter;

(c) The emergency is within the response area of the employee's fire department and is of such magnitude that the emergency summons issued by the fire chief requires all firefighters to respond; and

(d) The chief of the employee's fire department provides the employer with a written statement verifying the time, date, and duration of the employee's response.

(2) An employer may deduct time lost from employment caused by a response to an emergency summons from the wages of an employee who is a volunteer firefighter.

(3) Notwithstanding the provisions of this section, if a volunteer firefighter is called to an emergency pursuant to part 8 of article 33.5 of title 24, C.R.S., the provisions of section 24-33.5-825 or 24-33.5-826, C.R.S., shall control regarding the volunteer firefighters absence or leave from work. Under no circumstances shall a volunteer firefighter's leave exceed the amount allowed pursuant to section 24-33.5-825 or 24-33.5-826, C.R.S.
C.R.S. § 31-31-903 — CO Code / Title 31 / Article 31 / Part 9 / Section 31-31-903
31-31-903. Group life insurance plans
Status: in_force

31-31-903. Group life insurance plans. (1) (a) The board may enter into contracts with carriers to provide group life insurance coverage to active members of paid pension plans administered by the association and, if they are receiving a benefit from another plan administered by the association, to the following individuals:

(I) A retired member;

(II) A retired volunteer firefighter;

(III) A surviving spouse;

(IV) A dependent child; and

(V) An individual who is receiving a benefit from the fire and police members' deferred compensation fund created by section 31-31-901.

(b) For purposes of this section, "carrier" means a private insurance company holding a valid outstanding certificate of authority from the division of insurance.

(2) The administration and management of the group life insurance plan shall be the exclusive responsibility of the carrier. The terms and conditions of coverage shall be as negotiated in the contract between the association and the carrier. The board may change the terms of or discontinue the coverage if the board determines that such action is in the best interests of the members. Participating members shall be notified sixty days prior to the effective date of any such change or discontinuance.

(3) The association shall pay no premium subsidy for group life insurance authorized to be offered by this section. Premiums shall be deducted from the salaries of participating active members and submitted to the association with the employer's monthly contribution reports or shall be deducted from the monthly benefit payments of participating retired members or their beneficiaries. Participating members who receive neither salaries nor benefits may arrange alternative methods of premium payment with the association.

(4) The named beneficiary shall be the beneficiary of life insurance obtained pursuant to the provisions of this section, unless the member or a court order names a different beneficiary for life insurance purposes. Life insurance obtained pursuant to the provisions of this section may be assigned by the member.
C.R.S. § 31-10-1510 — CO Code / Title 31 / Article 10 / Part 15 / Section 31-10-1510
31-10-1510. Statements of expenses
Status: repealed

31-10-1510. Statements of expenses. (Repealed)
C.R.S. § 31-35-111 — CO Code / Title 31 / Article 35 / Part 1 / Section 31-35-111
31-35-111. Election
Status: in_force

31-35-111. Election. Before the people of any city or town or part or district of any city or town can avail themselves of the provisions of this section and of sections 31-35-104 to 31-35-110, the question to determine their wishes shall first be submitted to the registered electors of said city or town or part or district of the city or town at a special election to be called by the mayor of said city or town upon petition presented to him signed by at least one hundred taxpaying electors who reside in the city or town or that part or district of the city or town for which the board of trustees may be asked. If the entire city or town is proposed to be included within the jurisdiction of such board of trustees, such election may be held in conjunction with the regular election. At said election the ballot or voting machine tabs shall be "For the Board of Trustees" and "Against the Board of Trustees". The election shall be conducted by the clerk in accordance with the provisions of the "Colorado Municipal Election Code of 1965" insofar as practicable. If the majority of votes cast is against the creation of the board of trustees, no further action may be taken under this section and sections 31-35-104 to 31-35-110 for a period of one year from such election and then only on petition as provided in said sections.
C.R.S. § 31-31-805 — CO Code / Title 31 / Article 31 / Part 8 / Section 31-31-805
31-31-805. Change in disability status - reexamination
Status: in_force

31-31-805. Change in disability status - reexamination. (1) At any time that a total disability, including an on-duty disability pursuant to section 31-31-806.5 (1), ceases to exist, based upon periodic reexamination as may be required by the board or based upon other evidence of ability to engage in substantial gainful activity, a member retired for such disability shall be declared permanently occupationally disabled, and the benefits provided by section 31-31-803 (1) or 31-31-806.5 (1) shall be reduced to the level provided in section 31-31-803 (2.1). The five-year limitation on investigations contained in section 31-31-803 (4)(b) shall not be applicable to the enforcement of this subsection (1).

(2) (a) At any time that an occupational disability, including an on-duty disability pursuant to section 31-31-806.5 (2), ceases to exist, based upon periodic reexamination as may be required by the board, a member retired for such disability may be restored to active service, and the benefits provided by section 31-31-803 or 31-31-806.5 (2) shall be discontinued. The member shall be restored to active service by the member's former employer if a vacancy exists in the same position the member held prior to retirement, or if there is a position of equal base pay available, or if the member agrees to accept another available position that may not be the same or of equal base pay to the member's former position.

(b) In addition, if the position to which the member will be restored requires, as a matter of state law, that the member maintain any type of state certification, the employer need not restore the member to such position if the member does not have the necessary certification or the member's certification has otherwise lapsed, expired, or been revoked. The employer, however, must afford the member an opportunity to attain certification, recertification, or reactivation of an existing certification and must hold open any position that the member has agreed to accept pursuant to this subsection (2) for a period not to exceed one year. The board is directed to evaluate the impact of this requirement on employers of association members. The one-year period may extend beyond the five-year limitation set forth in paragraph (f) of this subsection (2), as long as the opening occurs within the five-year period. Disability benefits will be continued during any period, not to exceed one year, that the member is attempting to attain certification, recertification, or reactivation.

(c) If, at the time of a board finding that a member's occupational disability has ceased to exist, there is no opening in the same position the member held prior to retirement or one of equal base pay and there is no opening in a position of lesser base pay that the member agrees to accept, the board may order the member to proceed with any necessary training in order to attain, reinstate, or reactivate any certification required for the position from which the member retired. Disability benefits shall be continued during the training period up to a maximum of one year.

(d) If the member refuses to take the steps necessary to attain certification, recertification, or reactivation as required by paragraphs (b) and (c) of this subsection (2), or if at the end of the one-year limitation on attaining certification, recertification, or reactivation the member has not attained the necessary certification, recertification, or reactivation, disability benefits shall be discontinued, and the employer shall be relieved of further obligations pursuant to this subsection (2).

(e) If a member refuses to accept the same or a position of equal base pay, the benefits provided by section 31-31-803 shall be discontinued, but a member shall not lose benefits if there is no such vacancy or if the member refuses to accept a position that is not the same or of equal base pay to the member's former position, or if the employer refuses to restore the member to active service, except as provided pursuant to paragraph (b) of this subsection (2).

(f) If at least two members of the three-member physician panel examining the member agree that an occupational disability ceases to exist, if the board determines that such disability ceases to exist, and if no appropriate vacancy is available at that time, the member shall have the first right of refusal to fill such a vacancy if it occurs within five years from the date of original disablement. In the event an occupational disability is based on a medical determination of mental impairment or disease, all three members of the physician panel must agree, and the board must determine, that the occupational disability ceases to exist before the member is granted such first right of refusal.

(g) At least thirty days prior to making its determination, the board shall provide written notice to the employer and member of the agreement of the appropriate number of physicians and of the opportunity for a hearing, upon request of the employer or member, before the board. If a hearing is requested, the board shall provide the employer with copies of the medical reports prepared by the physician panel with respect to any examination or reexamination of the member. Neither the employer, the agents of the employer, including any physician retained to review such reports, nor the association shall release such reports to any other person except as otherwise allowed pursuant to section 24-72-204 (3)(a)(I), C.R.S.

(h) If the member refuses a vacancy in the same position the member held prior to retirement or in a position of equal base pay to the member's former position, the benefits provided by section 31-31-803 shall be discontinued. Except as otherwise provided pursuant to this subsection (2), if the employer refuses to allow a member who exercises such first right of refusal to fill the vacancy, the employer shall thereafter pay the cost of the benefits provided by section 31-31-803.

(i) When a temporary occupational disability ceases to exist and the member is restored to active service with the member's employer, a transfer will be made from the statewide death and disability plan to the member's normal retirement plan in the amount of the monthly employer and employee contributions being made to the member's pension plan at the time of disability but not more than sixteen percent of the monthly base salary that the member was being paid at the time of disability retirement, multiplied by the number of months the member received temporary occupational disability benefits. The member will receive service credit for such transfer. A restored member of a local plan which has a contribution rate in excess of sixteen percent shall have the difference between the amount transferred and the amount that would have been contributed at the excess rate, made up by an additional contribution from the employer.

(2.5) When a member on temporary occupational disability satisfies the age and service requirements for a normal retirement, including the time the member was on temporary occupational disability, a transfer shall be made from the statewide death and disability plan to the member's normal retirement plan in the amount of the monthly employer and employee contributions being made to the member's pension plan at the time of disability but not more than sixteen percent of the monthly base salary that the member was being paid at the time of disability retirement, multiplied by the number of months the member received temporary occupational disability benefits. A member of a statewide or local retirement plan that has a mandatory contribution rate in excess of sixteen percent shall have the difference between the amount transferred and the amount that would have been contributed at the excess rate made up by an additional contribution from the employer. The member shall then be granted a normal retirement under the member's normal retirement plan and the temporary occupational disability benefits under the statewide death and disability plan shall terminate.

(3) Within five years from the date of a board finding of occupational disability pursuant to subsection (1) of this section or from the date of original disablement pursuant to section 31-31-803 (2), (2.1), or (2.2), a member retired for such disability may be declared totally disabled based upon periodic reexamination as ordered by the board in its discretion. If the member is declared totally disabled, the benefits provided by section 31-31-803 (2), (2.1), or (2.2) shall be increased to the level provided in section 31-31-803 (1).
C.R.S. § 31-31-809 — CO Code / Title 31 / Article 31 / Part 8 / Section 31-31-809
31-31-809. Termination of benefits
Status: in_force

31-31-809. Termination of benefits. Except as otherwise provided in section 31-31-807 (2), any benefit provided in accordance with this part 8 to a surviving spouse shall terminate upon the death of the surviving spouse. Any benefit provided in accordance with section 31-31-803 (2) to a surviving spouse of a member who was occupationally disabled shall terminate upon the remarriage of the surviving spouse. Except as otherwise provided in section 31-31-807 (2), any benefit provided in accordance with this part 8 to a dependent child shall terminate upon the death of the dependent child or the termination of dependency of the dependent child.
C.R.S. § 31-30-1123 — CO Code / Title 31 / Article 30 / Part 11 / Section 31-30-1123
31-30-1123. Retirement pension - sources of payment
Status: in_force

31-30-1123. Retirement pension - sources of payment. The retirement pension of a volunteer firefighter who has earned twenty years of active service as a volunteer firefighter for any one municipality or district shall be paid from the fund of that municipality or district, and no other fund shall pay a pension to that volunteer firefighter. The retirement pension of a volunteer firefighter who earns twenty years of active service as a volunteer firefighter after June 2, 1977, by serving more than one municipality or district shall be paid from the fund of each municipality or district for which the volunteer firefighter served at least five years. The amount paid by each fund for each year of service with the particular municipality or district shall equal one-twentieth of the retirement pension being paid by that fund on the day the volunteer firefighter left the service of the particular municipality or district. The retirement pension of a volunteer firefighter who earns twenty years of active service as a volunteer firefighter by serving more than one municipality or district shall be paid only by the municipality or district last served by that volunteer firefighter if any part of the twenty years of service was earned on or before June 2, 1977. In no event shall a volunteer firefighter receive a total retirement benefit from all volunteer firefighter pension funds exceeding the maximum amount paid by the board from such funds pursuant to section 31-30-1122 (1) or four hundred fifty dollars, whichever is greater.
C.R.S. § 31-15-702 — CO Code / Title 31 / Article 15 / Part 7 / Section 31-15-702
31-15-702. Streets and alleys
Status: in_force

31-15-702. Streets and alleys. (1) The governing body of each municipality has the power:

(a) (I) To lay out, establish, open, alter, widen, extend, grade, pave, or otherwise improve streets, parks, and public grounds and vacate the same and to direct and regulate the planting of ornamental and shade trees in such streets, parks, and public grounds; to plant trees upon the same; to regulate the use of the same; to prevent and remove encroachments or obstructions upon the same; to provide for the lighting of the same; and to provide for the cleansing of the same;

(II) To regulate the openings therein for the laying-out of gas or water mains and pipes, the building and repairing of sewers, tunnels, and drains, and the erecting of utility poles. Any company organized under the general laws of this state or any association of persons organized for the purpose of manufacturing energy to supply municipalities or the inhabitants thereof with the same has the right by consent of the governing body, but not without such consent, subject to existing rights, to erect factories and lay down pipes in the streets or alleys of any municipality in the state, subject to such regulations as any such municipality by ordinance may impose.

(III) To regulate the use of sidewalks along the streets and alleys and all structures thereunder and to require the owner or occupant of any premises to keep the sidewalks, or along the same, free from snow and other obstructions;

(IV) To regulate and prevent the throwing or depositing of ashes, garbage, or any offensive matter in and to prevent any injury to any street, park, or public ground;

(V) To provide for and regulate crosswalks, curbs, and gutters;

(VI) To regulate and prevent the use of streets, parks, and public grounds for signs, signposts, awnings, awning posts, and power and communications poles, and for posting handbills and advertisements; to regulate and prohibit the exhibition or carrying of banners, placards, advertisements, or handbills in the streets or public grounds or upon the sidewalks; and to regulate and prevent the flying of flags, banners, or signs across the streets or from houses;

(VII) To regulate traffic and sales upon the streets, sidewalks, and public places and to regulate the speed of vehicles, cars, and locomotives within the limits of the municipality;

(VIII) To regulate the numbering of houses and lots and to name and change the name of any street or other public place;

(b) (I) To provide for the construction and maintenance of sidewalks, curbs, and gutters of such material and in such manner as shall be designated and to provide for paying the expenses thereof by special assessments upon the adjacent or abutting property, which assessments shall constitute a lien as provided in section 31-15-401 (1)(d)(I);

(II) To grade, grade or gravel, or otherwise surface or improve streets and alleys and to assess the costs of such improvements upon the lots or lands adjacent to or abutting upon any street or alley or portion thereof so improved, which assessments shall constitute a lien as provided in section 31-15-401 (1)(d);

(c) To grant, by ordinance and upon such terms and conditions as may be prescribed therein, to other municipalities the right-of-way through, over, across, and under streets and alleys for the purpose of laying, constructing, operating, maintaining, and repairing waterworks and all pipelines connected therewith;

(d) To authorize the construction of mills and mill races, irrigating or mining ditches, and feeders on, through, or across the streets of the municipality at such places and under such restrictions as deemed proper.
C.R.S. § 31-1-207 — CO Code / Title 31 / Article 1 / Part 2 / Section 31-1-207
31-1-207. Ordinances to reorganize - existing ordinances
Status: in_force

31-1-207. Ordinances to reorganize - existing ordinances. As soon as the statement is published, as provided in section 31-1-206, showing that any city may change in classification to a town, the governing body of such city may adopt and publish such ordinances as may be necessary to perfect such organization in respect to the election, duties, and compensation of officers and with respect to all other necessary matters. All ordinances of any city shall remain in force after its organization as a town so far as such ordinances may be applicable to such town.
C.R.S. § 31-30.5-203 — CO Code / Title 31 / Article 30.5 / Part 2 / Section 31-30.5-203
31-30.5-203. Board of trustees - police officers' old hire pension fund
Status: in_force

31-30.5-203. Board of trustees - police officers' old hire pension fund. (1) The general supervision, management, and control of the police officers' old hire pension fund shall be vested in a board of trustees.

(2) In any municipality having a population of less than one hundred thousand, unless it is a home rule city or town that provides for the composition of the board by charter or ordinance, the board shall consist of the mayor, the municipal treasurer, the clerk, and one active old hire member of the police department who shall be elected by the active old hire members of the department; except that, if there are no active old hire members available or willing to serve on such board, such board shall consist of the mayor, the municipal treasurer, and the clerk. Said board shall select from their number a president and a secretary. The municipal treasurer shall be ex officio treasurer of said board and custodian of all funds coming into the treasurer's hands.

(3) In any municipality having a population of at least one hundred thousand, the board shall consist of such persons or officials as may be designated by the charter and ordinances thereof.

(4) The treasurer of the board, in addition to any custodian appointed by the board pursuant to section 31-30.5-204 (4), shall be the custodian of the fund, shall secure and safely keep the same, subject to the control and direction of the board, and shall keep books and accounts concerning said fund in such manner as may be prescribed by the board. The books and accounts shall always be subject to the inspection of the board, any member thereof, or any other interested person. Said treasurer, upon expiration of the treasurer's term of office, shall surrender and deliver to the treasurer's successor all bonds, securities, and unexpended moneys or other property that came into the treasurer's hands as treasurer of the fund. The treasurer shall be required to supply bond in an amount designated by the board and paid for by the fund.
C.R.S. § 31-25-406 — CO Code / Title 31 / Article 25 / Part 4 / Section 31-25-406
31-25-406. Claims for damages or compensation
Status: in_force

31-25-406. Claims for damages or compensation. (1) Any person owning, or having any legal or equitable interest in, any real property which might suffer legal damage by reason of the establishment of the proposed pedestrian mall shall file, prior to the first reading of the ordinance establishing the pedestrian mall, a written claim for damages with the clerk. Such written claim shall describe the real property as to which the claim is made, shall state the exact nature of the claimant's interest therein, shall state the exact nature of and grounds for the claimed damage thereto, and shall state the amount of damages claimed. The failure to file such written claim within the time provided in this subsection (1) is a waiver of any claim for damages or compensation and shall operate as a complete bar to any subsequent action seeking to prevent the establishment of said pedestrian mall or to recover damages on account of such establishment, and, in the event a claim is filed, such filing shall operate as a complete bar in any subsequent action for the recovery of any damages or compensation in excess of the amount stated in such claim. Any such claim may be withdrawn by the claimant at any time by written withdrawal with the same effect as if it had never been filed. The governing body shall receipt for the claims that have been filed in accordance with this section for damages or compensation from the establishment of the proposed mall.

(2) The governing body may allow any claim for damages made pursuant to this section. Any claim so allowed shall be for the full amount of damages claimed in the written claim; except that the governing body, with the written consent of the claimant, may allow a claim for a lesser amount. In the event the claim is not allowed in full, or a suitable lesser amount is not agreed upon between the claimant and the governing body, or the governing body refuses to recognize the claim, the claimant or the governing body, through its legal counsel, may institute proceedings in court to ascertain the amount, if any, due the claimant; however, in no event shall an action be instituted later than two years after the date the claim has been denied. Any amount determined to be due to the claimant shall accrue interest at six percent per annum from the date that vehicular traffic is prohibited, in whole or in part, on the pedestrian mall, which closing in fact is the act from which the claimed damages arise.

(3) Before vehicular traffic is prohibited, in whole or in part, on the pedestrian mall, the governing body or another agency to which it is intended the mall will be conveyed shall pay the amounts allowed or enter into agreements with good and sufficient surety to pay the principal amounts allowed or, in the event the claim is to be litigated, an amount which the court determines is sufficient to pay the compensation in that behalf when ascertained. The required surety bond may be waived in writing by the claimant.

(4) Those lawsuits instituted to determine the amount of damages, if any, to be allowed shall be in the nature of a proceeding in eminent domain for the condemnation of the right in real property, the taking of which by the establishment of the pedestrian mall results in the damages claimed. The complaint shall in no way be construed as an admission that the rights in fact exist or that damages or compensation are due therefor. The court shall first determine the nature of the right in real property, if any, being taken. Such proceedings shall then be governed under the applicable statutes and proceedings of articles 1 to 7 of title 38, C.R.S., except as otherwise provided by this part 4.

(5) Nothing in this part 4 shall be construed or interpreted as creating any new right in any person to damages or compensation by reason of the establishment of a pedestrian mall, it being the intention of the general assembly in enacting this part 4 to provide an orderly method for the determination and payment only of such damages and compensation as are required under the constitutions of the state of Colorado and the United States. In this connection, the general assembly expressly declares that, to the extent to which the establishment of a pedestrian mall is justifiable as an exercise of the police power for which no compensation is constitutionally required, no damages or compensation shall be allowed in any action.

(6) The general assembly expressly declares that the establishment of a pedestrian mall and the prohibition of vehicular traffic, in whole or in part, is a legislative act and within the discretion of the governing body except to the extent which may otherwise be provided in this part 4.

(7) Once the pedestrian mall has been established in accordance with the provisions of this part 4, the nature of the title held by the governing body shall be deemed a fee simple.

(8) In the event the governing body vacates the pedestrian mall or any part thereof by official act and such pedestrian mall or part thereof is not designated by the governing body to revert to a public street, the real property thereby vacated shall vest in abutting landowners in the same manner as if a public street were being vacated.