reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › COUNTY PLANNING AND BUILDING CODES (§§ 30-28-101 — 30-28-404) › Article 28 - COUNTY PLANNING AND BUILDING CODES (§§ 30-28-101 — 30-28-404) › Part 4 - CLUSTER DEVELOPMENT (§§ 30-28-401 — 30-28-404) › Section 30-28-402 - Definitions

As used in this part 4, unless the context otherwise requires:
(1)
"Rural land use process" means a planning process duly enacted and adopted by a county which is designed to offer a land use option for single family residential purposes that differs from traditional thirty-five acre divisions of land, as described in section
30-28-101(10)(c)(I)
.
L. 96: Entire part added, p. 1881, § 2, effective June 6.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › COUNTY PLANNING AND BUILDING CODES (§§ 30-28-101 — 30-28-404) › Article 28 - COUNTY PLANNING AND BUILDING CODES (§§ 30-28-101 — 30-28-404) › Part 4 - CLUSTER DEVELOPMENT (§§ 30-28-401 — 30-28-404) › Section 30-28-403 - Cluster development

(1)
A cluster development is any division of land that creates parcels containing less than thirty-five acres each, for single-family residential purposes only, where one or more tracts are being divided pursuant to a rural land use process and where at least two-thirds of the total area of the tract or tracts is reserved for the preservation of open space. No rural land use process as authorized by this section shall approve a cluster development that would exceed one residential unit for each seventeen and one-half acre increment.
(2)
As a condition of approving a cluster development, a rural land use process shall require that the cluster development plan to set aside land to preserve open space or to protect wildlife habitat or critical areas not permit development of such land for at least forty years from the date the plan is approved.
L. 96: Entire part added, p. 1881, § 2, effective June 6. L. 2001: (1) amended, p. 157, § 1, effective August 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › COUNTY PLANNING AND BUILDING CODES (§§ 30-28-101 — 30-28-404) › Article 28 - COUNTY PLANNING AND BUILDING CODES (§§ 30-28-101 — 30-28-404) › Part 4 - CLUSTER DEVELOPMENT (§§ 30-28-401 — 30-28-404) › Section 30-28-404 - Water - sewage - roadways - notification to state engineer

(1)
In an effort to preserve open space and water resources, a cluster development may obtain only one well permit for each single-family residential lot pursuant to sections
37-90-105
and
37-92-602
, C.R.S., subject to the provisions of subsection (2) of this section.
(2)
Except in areas of the state where unappropriated water is available for withdrawal and the vested water rights of others will not be materially injured and except inside designated groundwater basins, a water court-approved plan for augmentation shall be required and shall accompany any county-approved rural land use plan when the water usage in the cluster development would exceed an annual withdrawal rate of one acre-foot for each thirty-five acres within the cluster development. Nothing in this section shall be construed to preclude the use of treated domestic water provided by any public or private entity.
(3)
No later than ten days after approval of a cluster development pursuant to a county's rural land use process, the board of county commissioners shall notify the state engineer of such approval and shall provide the state engineer a copy of the approved rural land use plan that includes the cluster development.
L. 96: Entire part added, p. 1881, § 2, effective June 6.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › APPORTIONMENT OF FEDERAL MONEYS (§§ 30-29-101 — 30-29-102) › Article 29 - APPORTIONMENT OF FEDERAL MONEYS FROM PUBLIC LANDS (§§ 30-29-101 — 30-29-102) › Section 30-29-102 - Receipts from flood control projects

(1)
All moneys received by the state treasurer from the federal government under provisions of Public Law 526, 79th Congress, Second Session, approved July 24, 1946, relating to flood control projects, shall be credited to a clearing account.
(2)
As soon as practicable after receipt of the moneys specified in subsection (1) of this section, the state treasurer shall pay over said moneys to the treasurers of the several counties of the state in which flood control projects are located, in accordance with information provided by the appropriate federal agency as to location and amount.
(3)
The boards of county commissioners of the counties receiving the payments specified in subsection (2) of this section shall allocate twenty-five percent thereof to the county road and bridge fund and seventy-five percent thereof to the public schools of the county. If there is more than one school district in the county, the amount allocated to each district shall be in the proportion which its pupil enrollment during the preceding school year bears to the aggregate pupil enrollment in all districts in the county during said preceding school year.
L. 73: R&RE, p. 1141, § 2. C.R.S. 1963: § 112-9-2. L. 90: (3) amended, p. 1848, § 45, effective May 31.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › FLOOD CONTROL (§§ 30-30-101 — 30-31-118) › Article 30 - CONTROL OF STREAM FLOW (§§ 30-30-101 — 30-30-105) › Section 30-30-101 - Definitions

As used in this article, unless the context otherwise requires:
(1)
"Channel" means that area of a stream where water normally flows between banks and not that area beyond where vegetation exists.
(2)
"Obstruction" means sandbars formed by the natural flow of a stream, temporary structures, planks, snags, and debris in and along the existing channel which cause a flood hazard.
L. 74: Entire article added, p. 230, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › FLOOD CONTROL (§§ 30-30-101 — 30-31-118) › Article 30 - CONTROL OF STREAM FLOW (§§ 30-30-101 — 30-30-105) › Section 30-30-103 - Contracts and agreements

The board of county commissioners of a county may enter into contracts and agreements with adjoining counties, the state of Colorado or any agency or political subdivision thereof, or the United States or any agency or political subdivision thereof for the purpose of implementing or carrying out the purposes of this article.
L. 74: Entire article added, p. 231, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › FLOOD CONTROL (§§ 30-30-101 — 30-31-118) › Article 30 - CONTROL OF STREAM FLOW (§§ 30-30-101 — 30-30-105) › Section 30-30-104 - Adoption of plan

A board of county commissioners may by resolution adopt a plan to carry out the purposes of this article.
L. 74: Entire article added, p. 231, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › FLOOD CONTROL (§§ 30-30-101 — 30-31-118) › Article 30 - CONTROL OF STREAM FLOW (§§ 30-30-101 — 30-30-105) › Section 30-30-105 - Colorado water conservation board - grants to counties

The Colorado water conservation board may make grants to counties, out of moneys appropriated by the general assembly or other funds available for such purpose, to assist them in removing stream flow obstructions in accordance with section
30-30-102
, C.R.S. Grants under this section shall be made upon application by the county therefor and on the basis of the urgency of the flood control problem in the county and the county's financial need.
L. 74: Entire article added, p. 231, § 1, effective May 14.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › FLOOD CONTROL (§§ 30-30-101 — 30-31-118) › Article 31 - COUNTY REVITALIZATION (§§ 30-31-101 — 30-31-118) › Section 30-31-101 - [Effective 8/7/2024] Short title

The short title of this article 31 is the "County Revitalization Law".
Added by 2024 Ch. 387,§ 1, eff. 8/7/2024.
2024 Ch. 387, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › FLOOD CONTROL (§§ 30-30-101 — 30-31-118) › Article 31 - COUNTY REVITALIZATION (§§ 30-31-101 — 30-31-118) › Section 30-31-102 - [Effective 8/7/2024] Legislative declaration

(1)
The general assembly finds and declares that:
(a)
There exist in counties of the state unincorporated areas that would benefit from revitalization and economic investment that will not occur without additional funding;
(b)
The existence of these areas impair successful development and redevelopment within counties and harms the welfare of county residents in ways that harm the surrounding communities, and the revitalization of these areas is a matter of public policy and statewide concern in order that the state and its counties not continue to be underutilized and placed in a condition that harms the welfare of these areas;
(c)
Certain revitalization areas, or portions thereof, may require acquisition, clearance, and disposition subject to use restrictions, as provided in this article 31, since the prevailing conditions in county revitalization areas may make the reclamation of the area by conservation or rehabilitation impracticable;
(d)
Potential revitalization areas, or portions thereof, through the means provided in this article 31, may be susceptible of conservation or rehabilitation in such a manner that the conditions numerated in this section may be improved or remedied;
(e)
Revitalization areas may be conserved and rehabilitated through appropriate public action, as authorized or contemplated in this article 31, and the cooperation and voluntary action of the owners and tenants of property in revitalization areas;
(f)
The powers conferred by this article 31 are for public uses and purposes for which public money may be expended and the police power exercised; and
(g)
The necessity in the public interest for the provisions enacted in this article 31 is declared as a matter of legislative determination.
(2)
The general assembly further finds and declares that:
(a)
County revitalization areas created for the purposes described in subsections (1)(a) and (1)(b) of this section must not include agricultural land except in connection with the limited circumstances described in this article 31; and
(b)
The inclusion of agricultural land within county revitalization areas is a matter of statewide concern.
Added by 2024 Ch. 387,§ 1, eff. 8/7/2024.
2024 Ch. 387, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › FLOOD CONTROL (§§ 30-30-101 — 30-31-118) › Article 31 - COUNTY REVITALIZATION (§§ 30-31-101 — 30-31-118) › Section 30-31-107 - [Effective 8/7/2024] Condemnation actions by authorities - effect of other provisions

Notwithstanding any other provision of law, any condemnation action commenced by an authority must satisfy the requirements of section 38-1-101. To the extent that there is any conflict between this article 31 and section 38-1-101, section 38-1-101 controls.
Added by 2024 Ch. 387,§ 1, eff. 8/7/2024.
2024 Ch. 387, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › FLOOD CONTROL (§§ 30-30-101 — 30-31-118) › Article 31 - COUNTY REVITALIZATION (§§ 30-31-101 — 30-31-118) › Section 30-31-110 - [Effective 8/7/2024] Disaster areas

(1)
Notwithstanding any other provisions of this article 31, when the governing body certifies that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm, or other catastrophe for which the governor has certified the need for disaster assistance pursuant to the "Federal Disaster Relief Act", Pub.L. 81-875, as amended, or any other relevant federal law, the governing body may deem such an area to be a revitalization area.
(2)
The authority may prepare and submit to the governing body a proposed county revitalization plan and proposed county revitalization project for an area deemed a revitalization area pursuant to subsection (1) of this section or for any portion thereof, and the governing body may, by resolution, approve such a proposed county revitalization plan and county revitalization project with or without modifications without regard to the provisions of this article 31 requiring a general or master plan for the physical development of the county as a whole, review by the planning commission, or a public hearing.
Added by 2024 Ch. 387,§ 1, eff. 8/7/2024.
2024 Ch. 387, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › FLOOD CONTROL (§§ 30-30-101 — 30-31-118) › Article 31 - COUNTY REVITALIZATION (§§ 30-31-101 — 30-31-118) › Section 30-31-112 - [Effective 8/7/2024] Property of an authority exempt from taxes and from levy and sale by virtue of an execution

(1)
(a)
All property of an authority, including all money owned or held by it for any of the purposes of this article 31, is exempt from both the levy of property taxes and sale by virtue of an execution, and no such execution or other judicial process may issue against the property of an authority nor may a judgment against the authority be a charge or lien upon such property.
(b)
This subsection (1) does not apply to or limit either:
(I)
The right of obligees to foreclose or otherwise enforce any mortgage, deed of trust, trust agreement, indenture, or other encumbrance of the authority; or
(II)
The right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the authority pursuant to this article 31 on its rents, income, proceeds, revenues, loans, grants, contributions, and other money and assets derived or arising from any project of the authority or from any of its operations or activities pursuant to this article 31.
(2)
All property of an authority acquired or held by it for any of the purposes of this article 31, including all money of an authority acquired or held by it for any of these purposes, is public property used for essential public and governmental purposes, and both the property and the authority are exempt from all taxes of the state of Colorado or any other public body; except that this tax exemption for any property ends when the authority sells, leases, or otherwise disposes of the particular property to a purchaser, lessee, or other alienee that is not a public body entitled to tax exemption with respect to the particular property.
Added by 2024 Ch. 387,§ 1, eff. 8/7/2024.
2024 Ch. 387, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › FLOOD CONTROL (§§ 30-30-101 — 30-31-118) › Article 31 - COUNTY REVITALIZATION (§§ 30-31-101 — 30-31-118) › Section 30-31-113 - [Effective 8/7/2024] Title of purchaser, lessee, or transferee

Any instrument executed by an authority and purporting to convey any right, title, or interest of the authority in any property pursuant to this article 31 is conclusively presumed to have been made and executed in compliance with the provisions of this article 31 insofar as title or other interest of any bona fide purchasers, lessees, or transferees of such property is concerned.
Added by 2024 Ch. 387,§ 1, eff. 8/7/2024.
2024 Ch. 387, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › FLOOD CONTROL (§§ 30-30-101 — 30-31-118) › Article 31 - COUNTY REVITALIZATION (§§ 30-31-101 — 30-31-118) › Section 30-31-115 - [Effective 8/7/2024] Designation - transfer - abolishment

(1)
Notwithstanding any other provision of this article 31, the governing body may designate itself as the authority when originally establishing an authority. A transfer of an existing authority to the governing body may be accomplished only by majority vote at a regular election.
(2)
When the governing body designates itself as the authority or transfers an existing authority to the governing body pursuant to subsection (1) of this section, the governing body shall appoint the authority commissioners in accordance with section 30-31-104 (2).
(3)
The governing body of the county may, by resolution, provide for the abolishment of the county revitalization authority so long as adequate arrangements have been made for payment of any outstanding indebtedness and other obligations of the authority. Any such abolishment is effective upon a date set forth in the ordinance and this date must not be later than six months after the effective date of the ordinance.
Added by 2024 Ch. 387,§ 1, eff. 8/7/2024.
2024 Ch. 387, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › FLOOD CONTROL (§§ 30-30-101 — 30-31-118) › Article 31 - COUNTY REVITALIZATION (§§ 30-31-101 — 30-31-118) › Section 30-31-116 - [Effective 8/7/2024] Regional tourism projects

(1)
A county revitalization authority that is designated as a financing entity pursuant to part 3 of article 46 of title 24, has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of part 3 of article 46 of title 24, including the power to receive state sales tax increment revenue generated within an approved regional tourism zone, as defined in section 24-46-303 (11), and to disburse and otherwise utilize such revenue for all lawful purposes, including financing eligible costs and the design, construction, maintenance, and operation of eligible improvements, as such terms are defined in section 24-46-303 or otherwise incorporated into the commission's conditions of approval.
(2)
Notwithstanding section 30-31-109 (8), authorization to receive state sales tax increment revenue pursuant to part 3 of article 46 of title 24, is a material modification to the plan, and corresponding changes to the plan may be made by the governing body of the authority to incorporate the use of state sales tax increment revenue without the requirement of submission to or approval by the governing body of the county that has established the authority.
(3)
Any county revitalization authority that receives state sales tax increment revenue, whether pursuant to designation as a financing entity pursuant to part 3 of article 46 of title 24, or pursuant to a contract entered into with any such financing entity, shall not use the state sales tax increment revenue to acquire property through the exercise of eminent domain.
(4)
Nothing in this section eliminates the requirements for the authorization of a new county revitalization authority pursuant to this article 31.
Added by 2024 Ch. 387,§ 1, eff. 8/7/2024.
2024 Ch. 387, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › FLOOD CONTROL (§§ 30-30-101 — 30-31-118) › Article 31 - COUNTY REVITALIZATION (§§ 30-31-101 — 30-31-118) › Section 30-31-117 - [Effective 8/7/2024] Cumulative powers

The powers conferred by this article 31 are in addition and supplemental to the powers conferred by any other law.
Added by 2024 Ch. 387,§ 1, eff. 8/7/2024.
2024 Ch. 387, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 1 - GENERAL PROVISIONS (§§ 30-35-101 — 30-35-103) › Section 30-35-101 - Short title

This article shall be known and may be cited as the "Colorado County Home Rule Powers Act".
L. 81: Entire article added, p. 1461, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 1 - GENERAL PROVISIONS (§§ 30-35-101 — 30-35-103) › Section 30-35-102 - Legislative declaration

The general assembly declares that, in order to better meet and resolve problems of growth and urbanization and to promote the health, safety, security, and general welfare of the people, county government should be strengthened and provided more flexibility in its powers; therefore, this article is enacted with the intent to implement the provisions of section 16 of article XIV of the state constitution to provide home rule powers for the counties of this state and shall be liberally construed to effect such intent.
L. 81: Entire article added, p. 1461, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 2 - GENERAL POWERS (§§ 30-35-201 — 30-35-202) › Section 30-35-202 - Power to sell public works - sell or lease property

(1)
The governing body shall have the following additional powers:
(a)
To sell and dispose of public utilities, public buildings, real property used or held for park purposes, or by other real property used or held for any governmental purposes. Before any such sale of a park or recreation facility shall be made, the question of said sale and the terms and consideration thereof shall be submitted at a regular election and approved in the manner provided for authorization of bonded indebtedness by section
30-35-201(6)
;
(b)
By ordinance, to sell and dispose of any other real property owned by the county upon such terms and conditions as such governing body may determine at a regular or special meeting;
(c)
To lease any real property, together with any facilities thereon, owned by the county when deemed by the governing body to be in the best interest of the county. Any lease for a period of more than one year shall be by ordinance. Any lease for one year or less than one year shall be by resolution or ordinance.
(2)
All leases and deeds of conveyance executed and acknowledged by the proper officers of the county and purporting to have been made pursuant to the provisions of this section shall be deemed prima facie evidence of due compliance with all the requirements hereof.
L. 81: Entire article added, p. 1472, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 3 - ORDINANCES - PENALTIES (§ 30-35-301) › Section 30-35-301 - Duty to make and publish ordinances

A county adopting any of the home rule powers under this article shall make and publish, from time to time, ordinances, not inconsistent with the laws of the state, for carrying into effect or discharging the powers and duties conferred by this article and as seems necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of such county and the inhabitants thereof. Such ordinances may be in addition to those authorized by section
30-15-401
, and the provisions of sections
30-15-402
to
30-15-411
shall also apply to such ordinances.
L. 81: Entire article added, p. 1473, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 4 - ORDINANCE CODES ADOPTED BY REFERENCE (§§ 30-35-401 — 30-35-408) › Section 30-35-401 - Definitions

As used in this part 4, unless the context otherwise requires:
(1)
"Adopting county" means any home rule county adopting an ordinance pursuant to the provisions of this part 4.
(2)
"Code" means any published compilation of statutes, ordinances, rules, regulations, or standards adopted by the federal government or the state of Colorado, or by an agency of either of them, or by any municipality or county within the state of Colorado. It includes any codification or compilation of existing ordinances of the adopting county. The operation of this article as to published compilations of any organization or institution shall be limited to building codes, which may embrace any of the following subjects: The construction, alteration, repair, removal, demolition, equipment, use and occupancy, location, and maintenance of buildings or other structures, whether erected before, on, or after June 8, 1981.
(3)
"County clerk" means the county clerk and recorder or equivalent officer.
(4)
"Governing body" means the governing body of a home rule county.
(5)
"Primary code" means any code which is directly adopted by reference in whole or in part by any ordinance passed pursuant to this part 4.
(6)
"Published" means issued in printed, lithographed, multigraphed, mimeographed, or similar form.
(7)
"Secondary code" means any code which is incorporated by reference, directly or indirectly, in whole or in part, in any primary code or in any secondary code.
L. 81: Entire article added, p. 1473, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 4 - ORDINANCE CODES ADOPTED BY REFERENCE (§§ 30-35-401 — 30-35-408) › Section 30-35-402 - Adoption by reference - title

If all the procedures and requirements of this part 4 are complied with, any home rule county is authorized to enact any ordinance which adopts any code by reference, in whole or in part; and such primary code, thus adopted, may in turn adopt by reference, in whole or in part, any secondary codes duly described therein. However, every primary code and every secondary code which is incorporated in any such adopting ordinance shall be specified in the title of the ordinance.
L. 81: Entire article added, p. 1474, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 4 - ORDINANCE CODES ADOPTED BY REFERENCE (§§ 30-35-401 — 30-35-408) › Section 30-35-403 - Notice - hearing

After the first reading of the adopting ordinance and of the code to be adopted thereby, and of any secondary codes therein adopted by reference, the governing body shall schedule a public hearing thereon. Notice of the hearing shall be published twice in a newspaper of general circulation in the adopting county, once at least fifteen days preceding the hearing and once at least eight days preceding it. If there is no such newspaper, the notice shall be posted in the same manner as provided for the posting of a proposed ordinance. The notice shall state the time and place of the hearing. It shall also state that copies of the primary code and also copies of the secondary codes, if any, being considered for adoption are on file with the county clerk and recorder and are open to public inspection. The notice shall also contain a description which the governing body deems sufficient to give notice to interested persons of the purpose of the code and of any secondary code incorporated therein by reference, the subject matter of each such code, the name and address of the agency by which each has been promulgated, or, if a municipality or county, the corporate name of such municipality or county which has enacted such code, and the date of publication of such code or codes, and in the case of a code of any municipality or county the notice shall contain specific reference to code or codes of a given municipality or county as they existed and were effective at a given date.
L. 81: Entire article added, p. 1474, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 4 - ORDINANCE CODES ADOPTED BY REFERENCE (§§ 30-35-401 — 30-35-408) › Section 30-35-404 - Adopting ordinance - adoption of penalty clauses by reference prohibited

After the hearing, the governing body may amend, adopt, or reject the adopting ordinance in the same manner in which it is empowered to act in the case of other ordinances; but nothing in this article shall be deemed to permit the adoption by reference of any penalty clauses which may appear in any code which is adopted by reference. Any such penalty clauses may be enacted only if set forth in full in the adopting ordinance. All changes or additions to any code made by the governing body shall be published in the manner which is required for ordinances.
L. 81: Entire article added, p. 1474, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 4 - ORDINANCE CODES ADOPTED BY REFERENCE (§§ 30-35-401 — 30-35-408) › Section 30-35-405 - Publication of ordinance

Nothing contained in this part 4 shall be deemed to relieve any home rule county from the requirement of publishing in full the ordinance which adopts any such code, and all provisions applicable to such publication shall be fully carried out. The adopting ordinance shall contain the same description of the primary adopted code and of each secondary code incorporated therein by reference, as required in the notice of hearing in section
30-35-403
.
L. 81: Entire article added, p. 1474, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 4 - ORDINANCE CODES ADOPTED BY REFERENCE (§§ 30-35-401 — 30-35-408) › Section 30-35-406 - Filing of public record - sale of copies

Not less than three copies of each primary code adopted by reference, and of each secondary code pertaining thereto, all certified to be true copies by the county executive officer and the county clerk, shall be filed in the office of the county clerk at least fifteen days preceding the hearing and shall be kept there for public inspection while the ordinance is in force. After the adoption of the code by reference, one of the copies of the primary code and of each secondary code may be kept in the office of the chief enforcement officer instead of in the office of the county clerk. Following the adoption of any code, the county clerk shall at all times maintain a reasonable supply of copies of the primary code and of any secondary codes incorporated in it by reference, available for purchase by the public at a moderate price.
L. 81: Entire article added, p. 1474, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 4 - ORDINANCE CODES ADOPTED BY REFERENCE (§§ 30-35-401 — 30-35-408) › Section 30-35-407 - Amendments

If at any time any code which any home rule county has previously adopted by reference is amended by the agency or municipality or county which originally promulgated, adopted, or enacted it, then the governing body may adopt such amendment by reference through the same procedure as required for the adoption of the original code; or an ordinance may be enacted in the regular manner, setting forth the entire text of such amendment.
L. 81: Entire article added, p. 1475, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 4 - ORDINANCE CODES ADOPTED BY REFERENCE (§§ 30-35-401 — 30-35-408) › Section 30-35-408 - Use as evidence

Copies of such codes in published form, duly certified by the county clerk and executive officer of the home rule county, shall be received without further proof as prima facie evidence of the provisions of such codes or public records in all courts and administrative tribunals of this state.
L. 81: Entire article added, p. 1475, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 5 - ACTIONS BY OR AGAINST HOME RULE COUNTIES (§ 30-35-501) › Section 30-35-501 - Review without bond

In all actions, suits, and proceedings in any court in this state in which a county of this state shall be a party, such county may take an appeal or writ of certiorari, as provided by law or rule of court, without giving bond.
L. 81: Entire article added, p. 1475, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 6 - BONDS - FUNDING - FLOATING DEBT (§§ 30-35-601 — 30-35-607) › Section 30-35-601 - Funding bonds - determination of indebtedness

The governing body of a home rule county may issue negotiable coupon bonds, to be denominated funding bonds, for the purpose of funding any of the legal floating indebtedness of the county, whether such indebtedness is existing on or is created on or after June 8, 1981. The specific indebtedness to be funded and the amount of such funding bonds to be issued under the provisions of this part 6 shall first be determined by the governing body and a certificate of such determination shall be made and entered in and upon the records of the county prior to the issuance of said funding bonds. Nothing in this part 6 shall be construed to repeal or amend any law limiting the indebtedness of the county.
L. 81: Entire article added, p. 1475, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 6 - BONDS - FUNDING - FLOATING DEBT (§§ 30-35-601 — 30-35-607) › Section 30-35-602 - Floating indebtedness defined

The term "floating indebtedness", as used in this article, includes all obligations of the county to pay money, of whatever kind or character, except indebtedness evidenced by the outstanding, negotiable interest-bearing bonds of the county.
L. 81: Entire article added, p. 1475, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 6 - BONDS - FUNDING - FLOATING DEBT (§§ 30-35-601 — 30-35-607) › Section 30-35-603 - Bond election - judgments

(1)
Whenever the governing body deems it expedient to issue funding bonds under the provisions of this article, it shall direct, by ordinance, that the question be submitted, at a regular election, in the manner provided for authorization of other bonded indebtedness in section
30-35-201(6)
. At any election held under the provisions of this part 6, the question of authorizing the funding of all or any part of the floating indebtedness of the county may be submitted as one question of determination, irrespective of the form or date of such indebtedness. The election shall be conducted as nearly as may be in conformity with the provisions of the general election laws. The election notice shall specify, in addition to the time and places for holding said election, the qualifications for persons to vote on such question, the amount of the indebtedness to be funded, and the amount of funding bonds proposed to be issued at the rate of interest they shall bear. At such election, the ballots or voting machine tabs shall contain the words "For the Funding Bonds" and "Against the Funding Bonds".
(2)
No election shall be necessary to authorize the governing body of a home rule county to issue bonds for the purpose of funding indebtedness in the form of a valid subsisting judgment against the county.
L. 81: Entire article added, p. 1475, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 6 - BONDS - FUNDING - FLOATING DEBT (§§ 30-35-601 — 30-35-607) › Section 30-35-604 - Ordinance - form and maturity of bonds

(1)
If the governing body determines to issue funding bonds for the purpose of paying and discharging any valid and subsisting judgment against the county or if, upon canvassing the vote cast at any election held under the provisions of this part 6, it is determined by the governing body that a majority of the legal votes cast upon the question submitted are in favor of funding, the governing body shall make such determination a part of the official records of the county, and the governing body shall immediately thereafter adopt an ordinance, which shall not be subject to the referendum provisions of any law, providing for the issue of said funding bonds in accordance with the provisions of this article. Such ordinance shall fix the date of said funding bonds; shall designate the denominations thereof, the rate of interest, the maturity date which shall not be more than twenty-five years from the date of said funding bonds, and the place of payment, within or without the state of Colorado, of both principal and interest; and shall prescribe the form of said funding bonds.
(2)
Such funding bonds shall be negotiable in form, shall recite the title of the act under which they are issued, shall be executed in the name of the county and signed by the executive officer, countersigned by the treasurer, and attested by the county clerk and recorder and shall have the seal of the county affixed thereto. The interest accruing on such funding bonds shall be evidenced by interest coupons thereto attached, bearing the engraved facsimile signature of the treasurer of the county. When so executed such coupons shall be the binding obligations of the county, according to their import. In the adoption of said ordinance providing for the issue of such funding bonds, the governing body shall make the principal of the debt payable in substantially equal annual installments during the period, not exceeding twenty-five years, within which the debt is to be discharged. The date of the maturity of the first installment of the debt shall be not more than five years from the date of said funding bonds.
L. 81: Entire article added, p. 1476, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 6 - BONDS - FUNDING - FLOATING DEBT (§§ 30-35-601 — 30-35-607) › Section 30-35-605 - Disposition of bonds

All such funding bonds may be exchanged, dollar for dollar, in satisfaction of the indebtedness to be funded, or they may be sold at not less than their par value, as directed by the governing body, and the proceeds thereof shall be applied only to the purpose for which such funding bonds were issued.
L. 81: Entire article added, p. 1476, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 6 - BONDS - FUNDING - FLOATING DEBT (§§ 30-35-601 — 30-35-607) › Section 30-35-606 - Taxes for interest and redemption

The interest accruing on such funding bonds issued pursuant to the provisions of this part 6 prior to the time when tax levies are available therefor shall be paid out of the general revenues of the county. For the purpose of reimbursing such general revenues and for the payment of subsequently accruing interest, the governing body issuing such funding bonds, or the proper tax assessing and collecting officers upon whom shall devolve the duty of levying and collecting county taxes, shall levy annually a sufficient tax upon all of the taxable property in the county fully to discharge such interest. For the ultimate redemption of such funding bonds, they shall levy annually such a tax upon all the taxable property in the county as will create a fund sufficient to discharge each annual installment of such funding bonds at the maturity thereof, which fund shall be called the redemption fund. All taxes for interest on and for the redemption of such bonds shall be paid in cash only and shall be kept by the county treasurer as a special fund to be used only in payment of the interest upon and for the redemption of such bonds. Such tax shall be levied and collected as other county taxes are levied and collected. The tax provisions for the ultimate redemption of such bonds shall be set forth in the ordinance authorizing their issue and shall set forth the years in which such taxes shall be levied for the creation of said redemption fund.
L. 81: Entire article added, p. 1477, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 6 - BONDS - FUNDING - FLOATING DEBT (§§ 30-35-601 — 30-35-607) › Section 30-35-607 - Ordinance irrepealable

Any ordinance authorizing an issue of funding bonds under the provisions of this part 6 and providing for the levy of taxes for the payment of the interest upon the principal of such funding bonds shall not be altered or repealed until the indebtedness thereby authorized has been fully paid.
L. 81: Entire article added, p. 1477, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 7 - BONDS - REFUNDING BONDED DEBT (§§ 30-35-701 — 30-35-712) › Section 30-35-701 - Refunding bonds - amount

The governing body of a home rule county may issue negotiable coupon bonds, to be denominated refunding bonds, for the purpose of refunding any of the bonded indebtedness of the county whether due or not, or which has or may become payable at the option of the county or by consent of the bondholders, or by any lawful means, whether such bonded indebtedness is existing on or is created on or after June 8, 1981. The amount of such refunding bonds to be issued under the provisions of this part 7 shall first be determined by the governing body, and a certificate of such determination shall be made and entered in and upon the records of the county prior to the issuance of said refunding bonds.
L. 81: Entire article added, p. 1477, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 7 - BONDS - REFUNDING BONDED DEBT (§§ 30-35-701 — 30-35-712) › Section 30-35-702 - Vote of electors - when not required

Whenever such governing body deems it expedient to issue refunding bonds under the provisions of this part 7 and the net interest cost and the net effective interest rate of the proposed issue of refunding bonds does not exceed the net interest cost and net effective interest rate of the issue of bonds to be refunded, such refunding bonds may be issued without the submission of the question of issuing such refunding bonds to a vote of the qualified electors of the county. The issuance of bonds under this part 7 for the purpose of refunding bonds which were originally issued to supply water to the county shall not require approval of such electors.
L. 81: Entire article added, p. 1477, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 7 - BONDS - REFUNDING BONDED DEBT (§§ 30-35-701 — 30-35-712) › Section 30-35-703 - Vote of electors - when required - procedures

(1)
Whenever such governing body deems it expedient to issue refunding bonds under the provisions of this part 7 and either the net interest cost or the net effective interest rate of the proposed issue of refunding bonds exceeds the net interest cost or the net effective interest rate, respectively, of the issue of bonds to be refunded, the governing body, by ordinance or resolution, shall submit the question of issuing said refunding bonds at a special election called and held for that purpose or at a regular election of county officers; but bonds issued under this part 7 for the purpose of refunding bonds which were originally issued to supply water to the county shall not require such approval of the electors. An election held under this section shall be held in the manner provided for the authorization of an original bonded indebtedness in section
30-35-201(6)
.
(2)
At any election held under the provisions of this part 7, the question of authorizing the refunding of all or any part of the then outstanding bonded indebtedness of the county may be submitted as one question for determination, whether such bonds are of the same or of different issues.
(3)
The election shall be conducted as nearly as may be in conformity with the provisions of the general election laws.
(4)
The election notice shall specify, in addition to the time and places for holding said election, the qualifications for persons to vote on such question, the amount and date of the bonds to be refunded, the amount of refunding bonds proposed to be issued, and the maximum net effective rate of interest at which they may be issued.
(5)
At such election the ballots or voting machine tabs shall contain the words "For the Refunding Bonds" and "Against the Refunding Bonds".
L. 81: Entire article added, p. 1478, § 1, effective June 8.
2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › HOME RULE (§§ 30-35-101 — 30-35-906) › Article 35 - HOME RULE COUNTIES (§§ 30-35-101 — 30-35-906) › Part 7 - BONDS - REFUNDING BONDED DEBT (§§ 30-35-701 — 30-35-712) › Section 30-35-705 - Exchange - sale - proceeds - amounts

Such refunding bonds may be exchanged dollar for dollar for the bonds to be refunded, or they may be sold at, above, or below their par value at a price or prices such that the net effective interest rate of the issue of refunding bonds does not exceed the maximum net effective interest rate authorized. Such refunding bonds shall be in a principal amount not exceeding the principal amount of the bonds to be refunded, as directed by the governing body, and the proceeds thereof shall be applied only to the purpose for which such refunding bonds were issued. The principal amount of said refunding bonds may be the same as or less than the principal amount of the bonds to be refunded, if due, adequate, and sufficient provision has been made for the payment, or redemption, and retirement of said bonds to be refunded and the payment of the interest accruing and having accrued thereon in accordance with this article.
L. 81: Entire article added, p. 1479, § 1, effective June 8.