CO Code § 23-71-122 (2021)
2021 Colorado Code|Title 23 - Postsecondary Education|Article 71 - Local District Colleges|Part 1 - Local District Colleges - Organization|§ 23-71-122. Local College District Board of Trustees - Specific Powers - Rules - Definitions

  In addition to any other power granted by law to a board of trustees of a local college district, each board has the power to:   Take and hold in the name of the district so much real and personal property as may be reasonably necessary for any purpose authorized by law;    Sue and be sued and be a party to contracts for any purpose authorized by law;    Purchase real property on such terms, including but not limited to installment purchase plans, as the board sees fit or lease or rent real property on such terms as the board sees fit for any school sites, buildings, or structures or for any school purpose authorized by law; determine the location of each school site, building, or structure; and construct, erect, repair, alter, and remodel buildings and structures;    Sell and convey district property for any purpose authorized by law, upon such terms and conditions as it may approve; and lease any such property, pending sale thereof, under an agreement of lease, with or without an option to purchase the same;    Rent or lease district property and permit the use of district property by community organizations upon such terms and conditions as it may approve;    Employ a chief executive officer to administer the affairs and the programs of the district, pursuant to a contract;    Procure group life, health, or accident insurance covering employees of the district pursuant to section 10-7-203, C.R.S.;    Provide for the necessary expenses of the board in the exercise of its powers and the performance of its duties and reimburse a board member for necessary expenses incurred by him in the performance of his official duties, whether within or without the territorial limits of the district;    Procure such insurance coverage on the building, structures, and equipment owned by the district, or in which the district has an insurable interest, as, in the judgment of the board, may be adequate from time to time;    Procure such casualty insurance coverage on the personal property owned by the district, or in which the district has an insurable interest, as may, in the judgment of the board, be adequate from time to time;    Procure public liability insurance covering the district and the directors and employees thereof;    Procure liability and property damage insurance on buses or motor vehicles owned or rented by the district and accident insurance covering the medical expenses incurred by any pupil who is injured while being furnished transportation by the district, including injury received in the course of entering or alighting from any school bus or other means of transportation furnished by the district;    Elect to have moneys belonging to the district withdrawn from the custody of the county treasurer and paid over to the treasurer of the board in the manner provided by law;    Accept gifts, donations, or grants of any kind made to the district and expend or use said gifts, donations, or grants in accordance with the conditions prescribed by the donor; but no gift, donation, or grant shall be accepted by the board if subject to any condition contrary to law;    Authorize the use of facsimile signatures on teacher contracts, bonds, and bond coupons by appropriate resolution;    Take and hold, under the provisions of any law in effect providing for the exercise of the rights of eminent domain, so much real estate as may be necessary for the location and construction of a local district college building and for the convenient use of said local district college;    Contract with another local college district or public school district or with the governing body of a state college or university, with the tribal corporation of any Indian tribe or nation, with any federal agency or officer or any county, city, or city and county, or with any natural person, body corporate, or association for the performance of any service, activity, or undertaking which any school may be authorized by law to perform or undertake. Such contract shall set forth fully the purposes, powers, rights, obligations, and responsibilities, financial or otherwise, of the parties so contracting and shall provide that the service, activity, or undertaking be of comparable quality and meet the same requirements and standards as would be necessary if performed by the school district. A contract executed pursuant to this paragraph (q) may include, among other things, the purchase or renting of necessary building facilities, equipment, supplies, and employee services.    Issue general obligation bonds, refund the same, and provide for the payment thereof by taxation for the purposes, to the extent, and in the manner provided by parts 5 and 6 of this article and pledge the revenues of the district as additional security for the payment of general obligation bonds. Each local college district also has the power to issue general obligation refunding bonds to refund revenue bonds or to refund other revenue securities upon the approval of a majority of the eligible electors voting at an election called and held in the manner provided by part 5 of this article for elections on school building bonds.    Cooperate with the state board for community colleges and occupational education in carrying out the provisions of the national and state vocational education and rehabilitation acts, or amendments thereto, or any such acts providing for vocational education or vocational rehabilitation of individuals with disabilities;    Enter into a contract for administrative services with a term not to exceed five years, for capital outlay purposes in accordance with paragraph (c) of this subsection (1) and parts 5, 6, and 7 of this article, or for the purchase of real property pursuant to paragraph (c) of this subsection (1). Any such contract shall be valid and enforceable between the parties to the contract.    Adopt written policies, rules, and regulations, not inconsistent with law, which may relate to study, discipline, conduct, safety, and welfare of all students, or any classification of students, enrolled in the local district college and adopt written procedures not inconsistent with this article for the expulsion of or denial of admission to a student, which procedures shall afford due process to students and school personnel;      Determine the location of each school site, building, or structure and construct, erect, repair, alter, rebuild, replace, and remodel buildings and structures without a permit or fee or compliance with a local building code. The authority delegated by this subparagraph (I) shall exist notwithstanding any authority delegated to or vested in any county, town, city, or city and county. Prior to the acquisition of land for school building sites or the construction of buildings thereon, the board of trustees of a local college district shall consult with the planning commission that has jurisdiction over the territory in which the site, building, or structure is proposed to be located, on issues related to the location of the site, building, or structure in order to ensure that the proposed site, building, or structure conforms to the adopted plan of the community insofar as is feasible. All buildings and structures shall be constructed in conformity with the building and fire codes adopted by the director of the division of fire prevention and control, referred to in this section as the “division”, in the department of public safety. The board shall notify the planning commission that has jurisdiction over the territory in which a site, building, or structure is proposed to be located, in writing, of the location of the site, building, or structure before awarding a contract for the purchase or the construction thereof. (v) (I) Determine the location of each school site, building, or structure and construct, erect, repair, alter, rebuild, replace, and remodel buildings and structures without a permit or fee or compliance with a local building code. The authority delegated by this subparagraph (I) shall exist notwithstanding any authority delegated to or vested in any county, town, city, or city and county. Prior to the acquisition of land for school building sites or the construction of buildings thereon, the board of trustees of a local college district shall consult with the planning commission that has jurisdiction over the territory in which the site, building, or structure is proposed to be located, on issues related to the location of the site, building, or structure in order to ensure that the proposed site, building, or structure conforms to the adopted plan of the community insofar as is feasible. All buildings and structures shall be constructed in conformity with the building and fire codes adopted by the director of the division of fire prevention and control, referred to in this section as the “division”, in the department of public safety. The board shall notify the planning commission that has jurisdiction over the territory in which a site, building, or structure is proposed to be located, in writing, of the location of the site, building, or structure before awarding a contract for the purchase or the construction thereof.    (A) This paragraph (v) shall apply to building or structure construction. Except as specified in sub-subparagraph (A.5) of this subparagraph (II), the division shall conduct the necessary plan reviews, issue building permits, cause the necessary inspections to be performed, perform all final inspections, and issue certificates of occupancy to assure that a building or structure constructed pursuant to subparagraph (I) of this paragraph (v) has been constructed in conformity with the building and fire codes adopted by the director of the division. Pursuant to this sub-subparagraph (A), the division may contract with third-party inspectors that are certified by the division in accordance with section .5, C.R.S., to perform inspections. The local college district may hire and compensate third-party inspectors under contract with the division to perform inspections or hire and compensate other third-party inspectors that are certified in accordance with section .5, C.R.S., to perform inspections. If the local college district is unable to obtain a third-party inspector and no building department has been prequalified, the division shall perform the required inspections. If a third-party inspector is used, the director of the division shall require a sufficient number of inspection reports to be submitted to the division based upon the scope of the project to ensure quality inspections are performed. The third-party inspector shall attest that inspections are complete before the local college district is issued a certificate of occupancy unless the criteria for a temporary certificate of occupancy are met. Inspection records shall be retained by the third-party inspector for two years after the certificate of occupancy is issued. If the division finds that inspections are not completed satisfactorily, as determined by rule of the division, or that all violations are not corrected, the division shall take enforcement action against the local college district pursuant to section 24-33.5-1213, C.R.S. If inspections are not complete and a building requires immediate occupancy, and if the local college district has passed the appropriate inspections that indicate there are no life safety issues, the division may issue a temporary certificate of occupancy. The temporary certificate of occupancy shall expire ninety days after the date of occupancy. If no renewal of the temporary certificate of occupancy is issued or a permanent certificate of occupancy is not issued, the building shall be vacated upon expiration of the temporary certificate. The division shall enforce this sub-subparagraph (A) pursuant to section 24-33.5-1213, C.R.S.  (A.5) Pursuant to a memorandum of understanding between the appropriate building department and the division, the division may prequalify an appropriate building department to conduct the necessary plan reviews, issue building permits, conduct inspections, issue certificates of occupancy, and issue temporary certificates of occupancy pursuant to sub-subparagraph (A) of this subparagraph (II), to ensure that a building or structure has been constructed in conformity with the building and fire codes adopted by the director of the division, and to take enforcement action. Nothing in the memorandum of understanding shall be construed to allow the building department to take enforcement action other than in relation to the building and fire codes adopted by the division. An appropriate building department shall meet certification requirements established by the division pursuant to section 24-33.5-1213.5 , C.R.S., prior to the prequalification. An affected local college district may, at its own discretion, opt to use a prequalified building department that has entered into a memorandum of understanding with the division as the delegated authority. If a building department conducts an inspection, the building department shall retain the inspection records for two years after the final certificate of occupancy is issued. The fees charged by the department shall cover actual, reasonable, and necessary costs. For purposes of this section, “appropriate building department” means the building department of a county, town, city, or city and county and includes a building department within a fire department.     If the division conducts the necessary plan reviews and causes the necessary inspections to be performed to determine that a building or structure constructed pursuant to subparagraph (I) of this paragraph (v) has been constructed in conformity with the building and fire codes adopted by the director of the division, the division shall charge fees as established by rule of the director of the division. Such fees shall cover the actual, reasonable, and necessary expenses of the division. Fees collected by the division pursuant to this subparagraph (III) shall be transmitted to the state treasurer, who shall credit the same to the public school construction and inspection cash fund created pursuant to section 24-33.5-1207.7, C.R.S. The director of the division, by rule or as otherwise provided by law, may increase or reduce the amount of the fees as necessary to cover actual, reasonable, and necessary costs of the division. The rules authorized by this paragraph (v) shall be promulgated in accordance with article 4 of title 24, C.R.S.    Any moneys remaining as of December 31, 2009, in the public safety inspection fund created in section 8-1-151, C.R.S., from fees collected by the division of oil and public safety in the department of labor and employment pursuant to subparagraph (III) of this paragraph (v) as it existed prior to January 1, 2010, shall be transferred to the public school construction and inspection cash fund created in section 24-33.5-1207.7, C.R.S.    The inspecting entity shall cooperate with the affected board of trustees of a local college district in carrying out the duties of this section.    If the inspecting entity and the board of trustees of a local college district disagree on the interpretation of the codes and standards of the division, the division shall set a date for a hearing as soon as practicable before the board of appeals in accordance with section 24-33.5-1213.7, C.R.S., and the rules adopted by the division pursuant to article 4 of title 24, C.R.S.    School buildings shall be maintained in accordance with the fire code adopted by the director of the division pursuant to section 24-33.5-1203.5, C.R.S.       Enter into a cooperative arrangement with the division of fire prevention and control in the department of public safety to develop a system in which a qualified volunteer firefighter may receive a tuition voucher to attend courses at a local community college, including Aims community college and Colorado mountain college, in accordance with section 24-33.5-1216, C.R.S. (1.5) Notwithstanding the provisions of subsection (1) of this section, if Colorado Northwestern community college is accepted into the state system pursuant to section 23-71-207 , the powers of the Rangely junior college district board of trustees shall be limited to those specified in section (3)(a)(V) .       Nothing in this section shall authorize a local college district to expend proceeds from the sale of general obligation or revenue bonds issued by said district to procure or erect a school or other building beyond the territorial limits of the district.     History. Source: L. 75: Entire article added, p. 756, § 1, effective July 1. L. 83: (1)(t) amended and (1)(v) added, p. 820, § 3, effective July 1. L. 85: (1)(t) amended, p. 734, § 6, effective May 31. L. 86: IP(1), (1)(c), (1)(h) to (1)(j), (1)(m), (1)(n), and (1)(v) amended, p. 852, § 23, effective July 1; (1)(v) amended, p. 500, § 119, effective July 1. L. 92: (1)(r) amended, p. 857, § 65, effective January 1, 1993. L. 98: (1.5) added, p. 902, § 4, effective May 26. L. 2001: (1)(v) amended, p. 1140, § 69, effective June 5. L. 2006: (1)(v) amended, p. 1359, § 4, effective July 1. L. 2008: (1)(v)(II), (1)(v)(III), (1)(v)(IV), and (1)(v)(VII) amended, p. 1088, § 2, effective August 5. L. 2009: (1)(w) added,(SB 09-021), ch. 414, p. 2288, § 2, effective August 5; (1)(v)(I), (1)(v)(II)(A), (1)(v)(II)(A.5), (1)(v)(II)(B), (1)(v)(II)(C), (1)(v)(II)(D), (1)(v)(III), (1)(v)(IV), (1)(v)(VI), and (1)(v)(VII) amended,(HB 09-1151), ch. 230, p. 1049, § 2, effective January 1, 2010. L. 2011: (1)(v)(II)(A) amended,(SB 11-251), ch. 240, p. 1044, § 5, effective June 30. L. 2012: (1)(v)(I) and (1)(w) amended,(HB 12-1283), ch. 240, p. 1132, § 43, effective July 1. L. 2014: IP(1) and (1)(s) amended,(SB 14-118), ch. 250, p. 985, § 19, effective August 6. L. 2018: (1)(d) and (1)(e) amended,(HB 18-1366), ch. 258, p. 1587, § 1, effective August 8.    Editor's note:   Amendments to subsection (1)(v) in Senate Bill 86-12 and House Bill 86-1133 were harmonized.   Cross references:   For the legislative declaration in the 2012 act amending subsections (1)(v)(I) and (1)(w), see section 1 of chapter 240, Session Laws of Colorado 2012.   ANNOTATION   The authority of the director of the division of labor to inspect school buildings for fire prevention purposes or to issue fire code enforcement orders to junior college districts must be implied because it is not expressly granted by subsection (1)(v). West Adams County Fire v. Adams County Sch. Dist. 12, 926 P.2d 172 (Colo. App. 1996) (decided under the language of § 22-32-124 which is similar to the language of subsection (1)(v)).   The authority of the director of the division of labor in § 8-1-107 (2)(d) to “enforce” the provisions of this section is not exclusive but may also be taken by a fire protection district absent the junior college district's exercise of authority to contract with a qualified fire inspector. West Adams County Fire v. Adams County Sch. Dist. 12, 926 P.2d 172 (Colo. App. 1996).   Lease by junior college district for 20 years was void because it was in excess of the district's statutory authority. Lessee not entitled to additional equitable relief because district refunded lease payments made. Rocky Mtn. Nat. Gas v. Colo. Mtn. Jr. Coll., , 385 P.3d 848 .