reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › WATER AND SANITATION DISTRICTS (§§ 32-4-101 — 32-4-547) › Article 4 - WATER AND SANITATION DISTRICTS (§§ 32-4-101 — 32-4-547) › Part 5 - METROPOLITAN SEWAGE DISPOSAL DISTRICTS (§§ 32-4-501 — 32-4-547) › Section 32-4-541 - Preliminary expenses

(1)
The district may provide for the payment of all necessary preliminary expenses actually incurred in the making of surveys, estimates of costs and revenues, the employment of engineers, architects, fiscal agents, attorneys at law, clerical help, other agents or employees, the making of notices, taking of options, and all other expenses necessary or desirable to be made and paid prior to the authorization for or the issuance of such securities, and any other cost of any project.
(2)
No such expenditures shall be made or paid unless an appropriation has been budgeted and made therefor in the same manner as is required by law, or unless the proceeds of securities or other moneys are available to defray such expenses.
(3)
Any funds so expended by the district for preliminary expenses incurred in connection with the same purpose as that for which securities are issued may be fully reimbursed and repaid to the district out of the proceeds derived from the sale of such securities.
(4)
The amount so advanced by the district to pay such preliminary expenses may, by a resolution authorizing the issuance of such securities, be made a first charge against such security proceeds until the same has been repaid as provided in this part 5, and in such event said amount shall be paid therewith before any other disbursements are made therefrom.
L. 62: p. 222, § 14. C.R.S. 1963: § 89-15-41.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › WATER AND SANITATION DISTRICTS (§§ 32-4-101 — 32-4-547) › Article 4 - WATER AND SANITATION DISTRICTS (§§ 32-4-101 — 32-4-547) › Part 5 - METROPOLITAN SEWAGE DISPOSAL DISTRICTS (§§ 32-4-501 — 32-4-547) › Section 32-4-542 - Tax exemption

(1)
The effectuation of the powers authorized in this part 5 shall be in all respects for the benefit of the people of the state, including, but not necessarily limited to, those residing in any district exercising any power under this part 5, for the improvement of their health and living conditions, and for the increase of their commerce and prosperity.
(2)
No district exercising any power granted in this part 5 shall be required to pay any general ad valorem taxes upon any property appertaining to any project authorized in this part 5 and acquired within the state, nor the district's interest therein.
(3)
Securities issued under this part 5 and the income therefrom shall forever remain free and exempt from taxation by the state, the district, and any other public body, except transfer, inheritance, and estate taxes.
L. 62: p. 223, § 14. C.R.S. 1963: § 89-15-42.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › WATER AND SANITATION DISTRICTS (§§ 32-4-101 — 32-4-547) › Article 4 - WATER AND SANITATION DISTRICTS (§§ 32-4-101 — 32-4-547) › Part 5 - METROPOLITAN SEWAGE DISPOSAL DISTRICTS (§§ 32-4-501 — 32-4-547) › Section 32-4-543 - Freedom from judicial process

(1)
Execution or other judicial process shall not issue against any property in this part 5 authorized of the district nor shall any judgment against the district be a charge or lien upon its property.
(2)
This section does not apply to or limit the right of the holder of any security, his trustee, or any assignee of all or part of his interest, the federal government when it is a party to any contract with the district, or any other obligee under this part 5 to foreclose, otherwise to enforce, and to pursue any remedies for the enforcement of any pledge or lien given by the district on the proceeds of taxes, service charges, or other revenues.
L. 62: p. 223, § 14. C.R.S. 1963: § 89-15-43.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › WATER AND SANITATION DISTRICTS (§§ 32-4-101 — 32-4-547) › Article 4 - WATER AND SANITATION DISTRICTS (§§ 32-4-101 — 32-4-547) › Part 5 - METROPOLITAN SEWAGE DISPOSAL DISTRICTS (§§ 32-4-501 — 32-4-547) › Section 32-4-544 - Legal investments in securities

It shall be legal for any bank, trust company, banker, savings bank, or banking institution; any building and loan association, savings and loan association, or investment company; any other person carrying on a banking or investment business; any insurance company, insurance association, or other person carrying on an insurance business; and any executor, administrator, curator, trustee, or other fiduciary to invest funds or moneys in their custody in any of the securities authorized to be issued pursuant to the provisions of this part 5. Public entities, as defined in section
24-75-601(1)
, C.R.S., may invest public funds in such bonds only if said bonds satisfy the investment requirements established in part 6 of article
75
of title
24
, C.R.S. Such securities shall be authorized security for all public deposits. Nothing in this section with regard to legal investments shall be construed as relieving any public body or other person of any duty of exercising reasonable care in selecting securities.
L. 62: p. 223, § 14. C.R.S. 1963: § 89-15-44. L. 89: Entire section amended, p. 1131, § 71, effective July 1.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › WATER AND SANITATION DISTRICTS (§§ 32-4-101 — 32-4-547) › Article 4 - WATER AND SANITATION DISTRICTS (§§ 32-4-101 — 32-4-547) › Part 5 - METROPOLITAN SEWAGE DISPOSAL DISTRICTS (§§ 32-4-501 — 32-4-547) › Section 32-4-545 - Misdemeanors and civil rights

(1)
Any person who wrongfully or purposely fills up, cuts, damages, injures, or destroys, or in any manner impairs, the usefulness of any reservoir, canal, ditch, lateral, drain, dam, intercepting sewer, outfall sewer, force main, other sewer, sewage treatment works, sewage treatment plant, sewer system, sewage disposal system, or any part thereof, or other work, structure, improvement, equipment, or other property acquired under the provisions of this part 5, or wrongfully and maliciously interferes with any officer, agent, or employee of the district in the proper discharge of the officer's, agent's, or employee's duties, commits a class 2 misdemeanor.
(2)
The district damaged by any such act may also bring a civil action for damages sustained by any such act, and in such proceeding the prevailing party shall also be entitled to reasonable attorneys' fees and costs of court.
Amended by 2021 Ch. 462, § 546, eff. 3/1/2022.
L. 62: p. 224, § 14. C.R.S. 1963: § 89-15-45. L. 2021: (1) amended, (SB 21-271), ch. 3257, p. 3257, § 546, effective 3/1/2022.
Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.
2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › WATER AND SANITATION DISTRICTS (§§ 32-4-101 — 32-4-547) › Article 4 - WATER AND SANITATION DISTRICTS (§§ 32-4-101 — 32-4-547) › Part 5 - METROPOLITAN SEWAGE DISPOSAL DISTRICTS (§§ 32-4-501 — 32-4-547) › Section 32-4-546 - Validation

All securities issued or purportedly issued and other contracts executed or purportedly executed of districts prior to February 21, 1962, all district bond elections held and carried, or purportedly held and carried prior to that date, and all acts and proceedings had or taken, or purportedly had or taken, by or on behalf of districts under law or under color of law prior to that date, preliminary to and in the creation and any reorganization of each such district, or the modification of its corporate boundaries, the designation and qualification of directors, officers, employees, and other agents of each such district, the authorization, execution, sale, and issuance of all securities, the authorization and execution of all other contracts, and the exercise of other powers in the metropolitan sewage disposal district law, are validated, ratified, approved, and confirmed, except as provided in section
32-4-547
, notwithstanding any lack of power, authority, or otherwise, other than constitutional, and notwithstanding any defects and irregularities, other than constitutional, in such securities, acts, and proceedings, in such authorization, execution, sale, and issuance, and in such exercise of powers; and such securities and other contracts are and shall be binding, legal, valid and enforceable obligations of the district to which they appertain in accordance with their terms and their authorization proceedings.
L. 62: p. 224, § 15. C.R.S. 1963: § 89-15-46.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › WATER AND SANITATION DISTRICTS (§§ 32-4-101 — 32-4-547) › Article 4 - WATER AND SANITATION DISTRICTS (§§ 32-4-101 — 32-4-547) › Part 5 - METROPOLITAN SEWAGE DISPOSAL DISTRICTS (§§ 32-4-501 — 32-4-547) › Section 32-4-547 - Effect of and limitations upon validation

This part 5 shall operate to supply such legislative authority as may be necessary to validate any securities issued, other contracts executed by districts, and any acts and proceedings taken prior to February 12, 1962, appertaining to the issuance of securities or execution of other contracts by districts or otherwise, which the legislature could have supplied or provided for in the law under which such securities were issued, or such other contracts were executed and such acts or proceedings were taken; but this part 5 shall be limited to the validation of securities, other contracts, acts, and proceedings to the extent to which the same can be effectuated under the state and federal constitutions. This part 5, shall not operate to validate, ratify, approve, confirm, or legalize any bond or other security, other contract, act, proceedings, or other matter the legality of which is being contested or inquired into in any legal proceedings pending and undetermined on February 12, 1962, and shall not operate to confirm, validate, or legalize any bond or other security, other contract, act, proceedings, or other matter which has been determined in any legal proceedings to be illegal, void, or ineffective prior to February 12, 1962.
L. 62: p. 224, § 16. C.R.S. 1963: § 89-15-47.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › SINGLE PURPOSE SERVICE DISTRICTS (§ 32-5-101) › Article 5 - [Repealed] (§ 32-5-101) › Section 32-5-101 - to 32-5-346 - [Repealed]

L. 81: Entire article repealed, p. 1628, § 42, effective July 1.
This article was numbered as article 16 of chapter 36 and articles 6 and 14 of chapter 89, C.R.S. 1963.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-101 - Short title

This article shall be known and may be cited as the "Service Authority Act of 1972".
L. 72: p. 452, § 1. C.R.S. 1963: § 89-25-1.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-102 - Legislative declaration

The general assembly hereby declares that the purpose of this article is to implement the provisions of section 17 of article XIV of the state constitution, adopted at the 1970 general election, by providing for and facilitating the formation and operation of a limited number of service authorities in the state of Colorado. It is further declared that the orderly formation and operation of regional service authorities providing authorized functions, services, and facilities and exercising powers granted by this article will serve a public use and will promote the health, safety, security, and general welfare of the inhabitants thereof and the people of the state of Colorado. It is further declared to be the policy of the state of Colorado to encourage the utilization of single service authorities to provide those functions, services, and facilities which transcend local government boundaries, thus reducing the duplication, proliferation, and fragmentation of local governments, and encouraging establishment of efficient, effective, and responsive regional government. To these ends, this article shall be liberally construed.
L. 72: p. 452, § 1. C.R.S. 1963: § 89-25-2.
For service authorities, see § 17 of art. XIV, Colo. Const.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-104 - Territorial requirements for service authorities

(1)
No territory shall be included within the boundaries of more than one service authority.
(2)
(a)
Except as provided in paragraph (b) of this subsection (2), a service authority shall include all of the territory of at least one county and may include such additional entire counties as may be proposed, if each county has some contiguity with another county within the service authority and does not result in the formation of an enclave.
(b)
In no event shall any service authority be formed in the metropolitan area of Denver which does not include that part of Adams county excluding census enumeration districts 1, 2, and 3 of the east Adams division, and that part of Arapahoe county excluding census enumeration districts 1, 2, and 3 of the east Arapahoe division, as such districts and divisions are used by the United States bureau of the census in designation of land areas for the purposes of the 1970 census, and all of the city and county of Denver, and all of Jefferson county, but an additional county or additional counties may be included.
(3)
(a)
Except as provided in subsection (2)(b) of this section, no county may be divided upon formation of a service authority or thereafter except in the case of a municipality having territory in two counties which are not within the same service authority, either proposed or formed, in which event the municipality may be included in either of two service authorities without regard to county boundary lines, as provided in paragraph (b) of this subsection (3).
(b)
Neither the governing body nor the residents of any such municipality shall participate in any of the procedures by which the service authority is originally formed, but, after a service authority is formed which includes the territory of either county, such municipality may be included in the service authority to which it directs its request for inclusion in the manner provided in section
32-7-131
.
(4)
The boundaries of any service authority shall not be such as to create any enclave.
L. 72: p. 454, § 1. C.R.S. 1963: § 89-25-4. L. 75: (2) and (3)(a) amended, p. 1296, § 1, effective June 16. L. 94: (2)(a) amended, p. 573, § 1, effective April 7.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-106 - Priority of petition or resolution

(1)
When the district court receives a resolution adopted by a majority of the governing bodies of the counties and municipalities or receives a petition signed by the requisite number of eligible electors pursuant to section
32-7-105
for the initiation of formation of a service authority, no other proceedings shall be commenced or prosecuted in that or any other court for the creation of another service authority involving all or any one of the same counties until the question of formation of the authority pursuant to the resolution or petition has been finally determined, unless the later filing is allowed under subsection (2) of this section.
(2)
A resolution filed within ten days of the date of the filing of a petition under the circumstances set forth in subsection (1) of this section shall take precedence over the petition and shall proceed to final determination before the petition may be further considered.
L. 72: p. 455, § 1. C.R.S. 1963: § 89-25-6. L. 85: (1) amended, p. 1350, § 25, effective April 30. L. 92: (1) amended, p. 897, § 141, effective 1/1/1993.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-115 - Ancillary powers

(1)
The board of any service authority has the power to adopt by resolution and enforce regulations not inconsistent with state law or regulations which are necessary, appropriate, or incidental to any authorized services provided by the service authority.
(2)
Said regulations shall be compiled and kept by the secretary so as to be readily available for public inspection and shall be enforced by the peace officers of any municipality or county located within or partly within the boundaries of the service authority.
(3)
Violations of such regulations shall be prosecuted by the district attorney or other person designated by the board in the county court of the county in which the violation occurred and shall be punishable by a fine not exceeding three hundred dollars, or by imprisonment in the county jail not exceeding ninety days, or by both such fine and imprisonment.
L. 72: p. 466, § 1. C.R.S. 1963: § 89-25-15.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-116 - Powers to be exercised without franchise - condition

(1)
The board has authority, without the necessity of a franchise, to cut into or excavate and use any easements dedicated to a public use, or any public street, road, or highway pursuant to the construction, maintenance, or provision of any service authorized to be provided by the service authority.
(2)
The legislative body or other authority having jurisdiction over any such public street, road, or highway has authority to make such reasonable rules as it deems necessary in regard to any such work or use, and may require the payment of such reasonable fees by the service authority as may be fixed by said body to insure proper restoration of such streets, roads, or highways.
(3)
When any such fee is paid by the service authority, it shall be the responsibility of the legislative body or other authority to promptly restore such street, road, or highway. If such fee is not fixed or paid, the service authority shall promptly restore any such street, road, or highway to its former condition, as nearly as possible.
(4)
In the course of such construction, the service authority shall not impair the normal use of any street, road, or highway more than is reasonably necessary.
L. 72: p. 466, § 1. C.R.S. 1963: § 89-25-16.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-117 - Revenues of service authority - collection

(1)
In any service authority, all rates, fees, tolls, and charges shall constitute a perpetual lien on and against the property served until paid, and any such lien may be enforced and foreclosed by certification of the delinquent amounts due, within one hundred twenty days after the due date of such rates, fees, tolls, or charges, to the board of county commissioners of the county in which said property is located. The officials of said county shall collect and remit such delinquent amounts to the service authority in the manner provided by law for the collection of general property taxes.
(2)
The board may discontinue service for delinquencies in the payment of such rates, fees, tolls, or charges or in the payment of taxes levied pursuant to this article and shall prescribe and enforce rules and regulations for the connection with and the disconnection from the facilities of the service authority.
L. 72: p. 466, § 1. C.R.S. 1963: § 89-25-17.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-119 - Levies to cover deficiencies

The board, in certifying annual levies, shall take into account the maturing indebtedness for the ensuing year as provided in its contract, maturing bonds and interest on bonds, and deficiencies and defaults of prior years, and shall make ample provision for the payment thereof. In case the moneys produced from such levies, together with other revenues of the service authority, are not sufficient to pay punctually the annual installments on its contracts or bonds, and interest thereon, and to pay defaults and deficiencies, the board shall make such additional levies of taxes as may be necessary for such purposes, and such taxes shall continue to be levied until the indebtedness of the service authority is fully paid.
L. 72: p. 468, § 1. C.R.S. 1963: § 89-25-19.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-120 - Power to issue revenue bonds - terms

To carry out the purposes of this article, the board is authorized to issue negotiable coupon bonds payable solely from the revenues derived, or to be derived, from the facility or combined facilities of the service authority. The terms, conditions, and details of said bonds, the procedures related thereto, and the refunding thereof shall be substantially the same as those provided in part 4 of article
35
of title
31
, C.R.S., relating to water and sewer revenue bonds; except that the purposes for which the same may be issued shall not be so limited. Revenue bonds issued under this article shall not constitute an indebtedness within the meaning of any constitutional or statutory limitation or other provision. Each bond issued under this section shall recite in substance that said bond, including the interest thereon, is payable solely from the revenues pledged for the payment thereof and that said bond does not constitute a debt of the service authority within the meaning of any constitutional or statutory limitations or provisions. Such revenue bonds may be issued to mature at such time, not exceeding the estimated life of the facility to be acquired with the bond proceeds, as determined by the board, but in no event beyond thirty years from their respective dates.
L. 72: p. 468, § 1. C.R.S. 1963: § 89-25-20.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-121 - Power to incur indebtedness - interest - maturity - denominations

(1)
To carry out the purposes of this article, the board is authorized to issue general obligation negotiable coupon bonds of the service authority. Said bonds shall bear interest at a rate such that the net effective interest rate of the issue of said bonds does not exceed that maximum net effective interest rate authorized, and shall be due and payable serially, either annually or semiannually, commencing not later than three years and extending not more than thirty years from the date of issuance. The form and terms of said bonds, including provisions for their payment and redemption, shall be determined by the board. If the board 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 not later than fifteen years from date. Said bonds shall be executed in the name and on behalf of the service authority and signed by the chairman of the board with the seal of the service authority affixed thereto and attested by the secretary of the board. Said bonds shall be issued in such denominations as the board determines, and the bonds and coupons thereto attached shall be payable to bearer. Interest coupons shall bear the original or facsimile signature of the president of the board.
(2)
Bonds voted for different purposes by separate propositions submitted at the same or different bond elections may, at the discretion of the board, be combined and issued as a single issue of bonds so long as the security therefor is the same.
L. 72: p. 469, § 1. C.R.S. 1963: § 89-25-21.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-122 - Debt question submitted to electors - resolution

(1)
Whenever the board determines by resolution that the interest of the service authority and the public interest or necessity demand the acquisition, construction, installation, or completion of any works or other improvements or facilities or the making of any contract to carry out the objects or purposes of the service authority which requires the creation of any indebtedness of the service authority, the board shall order the submission of the proposition of incurring such indebtedness to the eligible electors of the service authority at an election held for that purpose. Any election may be held separately or may be held jointly or concurrently with any other election authorized by this article.
(2)
The declaration of public interest or necessity required and the provision for the holding of the election may be included within one and the same resolution, which resolution, in addition to the declaration of public interest or necessity, shall recite the objects and purposes for which the indebtedness is proposed to be incurred, the estimated cost of the works or improvements, as the case may be, the principal amount of the indebtedness to be incurred, and the maximum net effective interest rate to be paid on the indebtedness. The resolution shall also fix the date upon which the election shall be held and shall appoint a designated election official to conduct the election as provided in articles
1
to
13
of title
1
, C.R.S.
(3)
In accordance with the provisions of section 6 (3) of article XI of the state constitution, general obligation debts contracted by a service authority for the purpose of supplying water shall be exempted from the provisions of this section.
(4)
Local improvement bonds issued pursuant to section
32-7-135
shall not constitute an indebtedness within the meaning of this section and section 6 of article XI of the state constitution.
L. 72: p. 469, § 1. C.R.S. 1963: § 89-25-22. L. 85: (1) amended, p. 1354, § 31, effective April 30. L. 92: (1) and (2) amended, p. 901, § 148, effective 1/1/1993.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-123 - Effect - subsequent elections

If any proposition authorized by section
32-7-122
is approved by the eligible electors, the service authority shall thereupon be authorized to incur the indebtedness or obligations, enter into contracts, or issue and sell bonds of the service authority, as the case may be, all for the purposes and objects provided for in the proposition submitted under this section, in the amount so provided, and at a price and at a rate of interest such that the maximum net effective interest rate recited in the resolution is not exceeded. Submission of the proposition of incurring the obligation or bonded or other indebtedness at an election shall not prevent or prohibit submission of the same or other propositions at subsequent elections called for any legal purpose, but no new election creating an indebtedness may be held within one hundred twenty days after the date of the election at which a proposal was defeated. No more than two elections may be held within any twelve-month period.
L. 72: p. 470, § 1. C.R.S. 1963: § 89-25-23. L. 92: Entire section amended, p. 902, § 149, effective 1/1/1993.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-124 - Correction of faulty notices

In any case where a notice is provided for in this article, if the court or the board reviewing the proceedings finds for any reason that due notice was not given, said body shall not thereby lose jurisdiction, and the proceedings in question shall not thereby be void or be abated, but said body shall order due notice to be given, shall continue the proceeding until such time as notice is properly given, and thereupon shall proceed as though notice had been properly given in the first instance.
L. 72: p. 470, § 1. C.R.S. 1963: § 89-25-24.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-125 - Refunding bonds

Any general obligation bonds issued by any service authority may be refunded without an election by the service authority issuing them, or by any successor thereof, in the name of the service authority which issued the bonds being refunded, but subject to provisions concerning their payment and to any other contractual limitations in the proceedings authorizing their issuance or otherwise appertaining thereto, by the issuance of bonds to refund, pay, and discharge all or any part of such outstanding bonds, including any interest on said bonds in arrears or about to become due, and for the purpose of avoiding or terminating any default in the payment of interest on and principal of said bonds, reducing interest costs or effecting other economies, or modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds or to any system appertaining thereto or for any combination of the foregoing purposes. Refunding bonds may be delivered in exchange for the outstanding bonds refunded or may be sold as provided in this article for an original issue of bonds.
L. 72: p. 470, § 1. C.R.S. 1963: § 89-25-25.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-126 - Limitations upon issuance

No general obligation or revenue bonds may be refunded unless the holders thereof voluntarily surrender them for exchange or payment, or unless they either mature or are callable for prior redemption under their terms within ten years from the date of issuance of the refunding bonds. Provision shall be made for paying the bonds refunded within said period of time. No maturity of any bond refunded may be extended over fifteen years. The interest rate on such refunding bonds shall be determined by the board. The principal amount of the refunding bonds may exceed the principal amount of the refunded bonds if the aggregate principal and interest costs of the refunding bonds do not exceed such unaccrued costs of the bonds refunded, except to the extent any interest on the bonds refunded in arrears or about to become due is capitalized with the proceeds of refunding bonds. The principal amount of the refunding bonds may also be less than or the same as the principal amount of the bonds being refunded so long as provision is duly and sufficiently made for the payment of the refunded bonds.
L. 72: p. 470, § 1. C.R.S. 1963: § 89-25-26.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-127 - Use of proceeds of refunding bonds

The proceeds of refunding general obligation or revenue bonds shall either be immediately applied to the retirement of the bonds being refunded or be placed in escrow in any state or national bank within the state which is a member of the federal deposit insurance corporation to be applied to the payment of the bonds being refunded upon their presentation therefor; but, to the extent any incidental expenses have been capitalized, such refunding bond proceeds may be used to defray such expenses, and any accrued interest and any premium appertaining to a sale of refunding bonds may be applied to the payment of the interest thereon and the principal thereof, or both interest and principal, or may be deposited in a reserve therefor, as the board may determine. Any such escrow shall not necessarily be limited to proceeds of refunding bonds but may include other moneys available for the escrow's purpose. Any moneys in escrow, pending such use, may be invested or reinvested in securities meeting the investment requirements established in part 6 of article
75
of title
24
, C.R.S. Such moneys and investments in escrow, together with any interest to be derived from any such investment, shall be in an amount at all times sufficient as to principal, interest, any prior redemption premium due, and any charges of the escrow agent payable therefrom to pay the bonds being refunded as they become due at their respective maturities or due at any designated prior redemption date or dates in connection with which the board shall exercise a prior redemption option. Any purchaser of any refunding bond issued under sections
32-7-125
and
32-7-126
and this section shall in no manner be responsible for the application of the proceeds thereof by the service authority or any of its officers, agents, or employees.
L. 72: p. 471, § 1. C.R.S. 1963: § 89-25-27. L. 89: Entire section amended, p. 1119, § 39, effective July 1.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-128 - Combination of refunding and other bonds

General obligation bonds for refunding and general obligation bonds for any purpose authorized in this article may be issued separately or issued in combination in one series or more by any service authority. Revenue bonds for refunding and revenue bonds for any purpose authorized in this article may be issued separately or issued in combination in one series or more by any service authority.
L. 72: p. 471, § 1. C.R.S. 1963: § 89-25-28.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-129 - Board's determination final

The determination of the board that the limitations under sections
32-7-125
to
32-7-128
imposed upon the issuance of refunding bonds have been met shall be conclusive in the absence of fraud or unless it can be shown that the board acted in an arbitrary or capricious manner.
L. 72: p. 471, § 1. C.R.S. 1963: § 89-25-29.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-130 - Anticipation warrants

The board may defray any costs of the service authority by the issuance of notes or warrants to evidence the amount due therefor, in anticipation of taxes or revenues or both. Interest on such notes or warrants shall be governed by the provisions of section
5-12-104
, C.R.S. Notes and warrants may mature at such time not exceeding one year from their date of issuance as the board may determine. If such notes or warrants are not paid during the fiscal year in which they are issued, the board shall, at the end of its fiscal year, budget the amount necessary to pay in full the amount of notes and warrants outstanding and due during the next fiscal year.
L. 72: p. 471, § 1. C.R.S. 1963: § 89-25-30.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-132 - Special taxing districts authorized

(1)
In accordance with the provisions of section 18 of article XIV of the state constitution, the board of a service authority may establish special taxing districts within the service authority to facilitate the furnishing of services and the collection of ad valorem taxes and charges for such services.
(2)
Such special taxing districts shall be utilized when a service or level of service which a service authority is authorized to provide is to be provided in substantially less than the entire area included within the service authority, and where resulting ad valorem taxes or charges may vary from those imposed in other areas within the service authority.
(3)
As long as the service is available to the included territory, a special taxing district may include any territory within a service authority. The included territory need not be contiguous, and the same territory may lie within more than one special taxing district.
(4)
In the management of a special taxing district, the board of the service authority shall have all powers granted to the board by this article.
L. 72: p. 473, § 1. C.R.S. 1963: § 89-25-32.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-133 - Formation of special taxing districts

(1)
Special taxing districts may be established pursuant to the provisions of this section.
(2)
The board may by resolution propose the formation of the district, which resolution shall designate the proposed boundaries thereof, specify the proposed service, and set forth the methods of financing proposed for the district.
(3)
The board shall present the proposal for public hearing to be held within sixty days after introduction of the resolution with notice to be published not less than fifteen days before the date set for hearing.
(4)
At the hearing any eligible elector within the service authority may be heard on the proposal, including questions of inclusion in or exclusion from the district, and all objections shall be determined by the board on the basis of the public interest, taking into consideration the needs of the service authority and the availability of the service to the territory which is the subject of any objection.
(5)
The board may continue the hearing as necessary and may, after the conclusion thereof, enact the proposed resolution, with or without amendments, or may reject the proposed resolution.
(6)
Decisions of the board concerning the formation of a special taxing district are not subject to review unless action is instituted by a registered elector to review such proceedings within forty-five days after passage of the resolution, and any such review shall extend only to the question of whether the board exceeded its jurisdiction or abused its discretion. If the court so finds, it shall remand the matter to the board for further proceedings, consistent with such findings.
(7)
No restraining order or temporary injunction enjoining the formation, the inclusion or exclusion of territory, or the operation of the special taxing district may be issued pending final judgment of the district court. Any such final judgment which has the effect of enjoining the formation, the inclusion or exclusion of territory, or the operation of a special taxing district shall automatically be stayed upon the filing of any appeal of such decision, and no application for supersedeas shall be necessary. Such stay shall continue in full force and effect pending final disposition of the proceedings.
(8)
Changes in the boundaries or major changes in services or financing of a special taxing district may be initiated by resolution of the board or by petition signed by five percent of the eligible electors of the district, and these proposals shall be considered in the same manner as provided in this section for proposals for the original formation of a district.
L. 72: p. 474, § 1. C.R.S. 1963: § 89-25-33. L. 85: (4), (6), and (8) amended, p. 1355, § 33, effective April 30. L. 92: (2) to (4) and (8) amended, p. 904, § 151, effective 1/1/1993.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-134 - Local improvement districts authorized

(1)
The board of a service authority may establish local improvement districts within the service authority to facilitate the financing and construction or improvement of facilities within a portion or portions of a service authority. Such local improvement districts shall be established whenever any area, in the opinion of the board, will be especially benefited by the construction, installation, or improvement of any facilities.
(2)
Such improvements shall be of a type to confer special benefits to real property within the boundaries of any such local improvement district and general benefits to the service authority at large or to a special taxing district within the service authority.
(3)
In the management of a local improvement district, the board of the service authority shall have all powers granted to the board by this article.
L. 72: p. 474, § 1. C.R.S. 1963: § 89-25-34.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-137 - Special districts - formation within service authority territory forbidden

Once a service authority is established in any given area, no new special districts may be organized pursuant to part 2 of article
20
of title
30
, C.R.S., or article 1 or part 4 of article
4
of this title within the territory or any portion thereof of said service authority if the service authority is authorized to provide the same or essentially the same service or services as the special district would be authorized to perform.
L. 72: p. 477, § 1. C.R.S. 1963: § 89-25-37. L. 81: Entire section amended, p. 1625, § 29, effective July 1.
2023 Colorado Revised Statutes › Title 32 - SPECIAL DISTRICTS (§§ 32-1-101 — 32-22-117) › REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Article 7 - REGIONAL SERVICE AUTHORITIES (§§ 32-7-101 — 32-7-146) › Section 32-7-138 - Transfer and assumption of services

(1)
Unless another date is provided in this article or the proposition for assumption of a service by a service authority or agreed to by the board and any local governmental unit from which the service is to be transferred, those services being assumed and those rights, properties, and other assets and liabilities of said local governmental unit incident to the service transferred and assumed shall be transferred to and assumed by the service authority on the second January 1 after authorization of the transfer of said service.
(2)
Where a local governmental unit providing part or all of the service being transferred to and assumed by the service authority is located partly within and partly without the service authority, the board, after notice by publication and hearing, shall determine which of the rights, properties, and other assets and liabilities shall be transferred to and assumed by the service authority. The board's determination shall be based on a fair and equitable allocation of rights, properties, and other assets and liabilities. Adequate provision shall be made for payment of outstanding indebtedness as it becomes due, and no such transfer and assumption shall deprive residents of a local governmental unit of any existing services necessary for their health, welfare, and safety.
(3)
The plan of distribution provided for in subsection (2) of this section shall be final and conclusive against all persons unless an action is brought by the local governmental unit from which such rights, properties, and other assets and liabilities are to be transferred in the district court having jurisdiction over formation of the service authority within thirty days after adoption of said plan. All proceedings pursuant to this subsection (3) shall be advanced as a matter of immediate public interest and concern and heard at the earliest practical moment. No such plan shall be directly or collaterally questioned in any suit, action, or proceeding, except as expressly authorized in this subsection (3).
(4)
Where a service is to be provided by the service authority by contract with one or more other local governmental units, any transfer to and assumption by the service authority of any rights, properties, and other assets and liabilities shall be to the extent and as provided by contract between the board and the other local governmental unit or units.
L. 72: p. 477, § 1. C.R.S. 1963: § 89-25-38.