reglab/statecodes huggingface dataset:
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 1 - WATER RIGHTS AND WORKS - GENERAL (§§ 31-35-101 — 31-35-111) › Section 31-35-101 - Powers - canals - water rights - diversion - ratification of prior rights

(1)
Any municipality in this state, for the purpose of supplying said municipality and the inhabitants thereof with water, has the power under this part 1:
(a)
To purchase or lease any canal or ditch constructed, with all the rights, privileges, and franchises of any person owning or having any interest in or right to the same, and to hold and operate the said canals and ditches in the same manner as the persons from which the same is purchased or leased if a majority of the registered electors of such municipality voting at any regular election vote in favor of said purchase;
(b)
To repair, improve, or enlarge any canal or ditch which is leased or purchased or any flume, dam, or gate connected therewith and for such purposes to levy and collect taxes as other taxes are levied and collected by law;
(c)
To purchase water and water rights in all cases where condemnation would lie to obtain the same under section
31-15-708(1)(b)
;
(d)
To divert the waters acquired by purchase to the amount and extent lawfully appropriated prior to said purchase;
(e)
To purchase and hold the lands with which said water right is connected when deemed necessary and proper by the governing body, whether the same are within or beyond the municipal limits, or to lease or sell such lands when deemed advisable by said governing body.
(2)
Any municipality making a purchase or lease of any canal or ditch shall thereby assume all obligations and other duties which by law devolve upon the owner of such ditch or canal and from whom the same may be acquired by the powers of this section.
(3)
The right to hold and retain water rights, or such lands and water rights as have been purchased by any municipality in this state prior to April 2, 1891, for the purpose of providing water for the use thereof or that of its inhabitants, the right to divert the water belonging to such rights to the use of such municipality and the inhabitants thereof, and the right to sell and dispose of such lands so purchased separate and apart from the water rights, as provided in paragraph (e) of subsection (1) of this section, are hereby given, ratified, and confirmed to such municipality.
L. 75: Entire title R&RE, p. 1245, § 1, effective July 1. L. 2010: (1)(e) amended, (SB 10-181), ch. 373, p. 1745, §1, effective August 11.
This section is similar to former §§ 31-35-101 to 31-35-105 as they existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 1 - WATER RIGHTS AND WORKS - GENERAL (§§ 31-35-101 — 31-35-111) › Section 31-35-102 - Ditch and canal management

The management of any ditch or canal acquired pursuant to section
31-35-101
shall be under the control of the governing body of such acquiring municipality.
L. 75: Entire title R&RE, p. 1245, § 1, effective July 1.
This section is similar to former § 31-35-102 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 1 - WATER RIGHTS AND WORKS - GENERAL (§§ 31-35-101 — 31-35-111) › Section 31-35-103 - Trustees of waterworks - duties

The registered electors of any city or town may elect at a special election held for that purpose three trustees to constitute a board to have the care, operation, management, and control of waterworks owned or acquired by the city or town, subject to the conditions of sections
31-35-104
to
31-35-111
.
L. 75: Entire title R&RE, p. 1245, § 1, effective July 1.
This section is similar to former § 31-35-106 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 1 - WATER RIGHTS AND WORKS - GENERAL (§§ 31-35-101 — 31-35-111) › Section 31-35-104 - First election of trustees

If, at the election provided in section
31-35-111
, the majority of votes cast are for the board of trustees, the mayor shall issue a call for a special election of such board of trustees, to be conducted by the clerk in accordance with the provisions of section
31-35-106
and the "Colorado Municipal Election Code of 1965" insofar as practicable. If the entire city or town is included within the jurisdiction of such board of trustees, the election may be held in conjunction with the regular election.
L. 75: Entire title R&RE, p. 1245, § 1, effective July 1.
This section is similar to former § 31-35-107 as it existed prior to 1975.
For the "Colorado Municipal Election Code of 1965", see article 10 of this title.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 1 - WATER RIGHTS AND WORKS - GENERAL (§§ 31-35-101 — 31-35-111) › Section 31-35-105 - Trustees - qualifications

No person not a resident and owner of realty within the city or town for the period of at least one year next preceding his election and residing in that part or district of the city or town for which the board of trustees is to be elected shall be eligible for election as a trustee of said board.
L. 75: Entire title R&RE, p. 1246, § 1, effective July 1.
This section is similar to former § 31-35-108 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 1 - WATER RIGHTS AND WORKS - GENERAL (§§ 31-35-101 — 31-35-111) › Section 31-35-106 - Regular election of trustees

The regular election for electing trustees under the provisions of this part 1, after the first election to be called by the mayor, shall be held biennially on the first Tuesday in June; but if the entire city or town is included within the jurisdiction of such board of trustees, the election may be held in conjunction with the regular election. The election shall be conducted by the clerk in accordance with the provisions of the "Colorado Municipal Election Code of 1965" insofar as practicable. Only registered electors who reside in that part of the city or town within the jurisdiction of such board of trustees shall be permitted to vote in such election. Likewise only registered electors residing in such part of the city or town shall be permitted to vote on any proposition to create or contract a debt or loan for the purpose of acquiring, constructing, or extending waterworks.
L. 75: Entire title R&RE, p. 1246, § 1, effective July 1.
This section is similar to former § 31-35-109 as it existed prior to 1975.
For the "Colorado Municipal Election Code of 1965", see article 10 of this title.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 1 - WATER RIGHTS AND WORKS - GENERAL (§§ 31-35-101 — 31-35-111) › Section 31-35-108 - Acts of board - meetings - vacancies - compensation and bond

No members of the board of trustees shall have any authority to act on behalf of the board except in pursuance of an order regularly made at a meeting of the board. No action of the board shall be binding unless authorized by a majority of the trustees at a regular meeting or a duly called special meeting. Meetings of the board of trustees shall be held at the office of the waterworks and shall be open to the public. A record of the meetings shall be kept by the secretary in a book provided for that purpose, which book, together with all contracts, maps, plans, and documents relating to the management and operation of the waterworks, shall be open to public inspection at reasonable hours. No member of said board shall be interested, directly or indirectly, in any contract relating to the waterworks or in any contract providing for the expenditure of any moneys in relation thereto. Any such trustee shall be considered as vacating his office in the event of his violating this section or accepting the nomination or becoming a candidate for any other public office. In the event of a vacancy by death, resignation, or otherwise, the board shall fill said vacancy by electing some qualified person to fill the vacancy until the next election at which time the vacancy shall be filled for the balance of the unexpired term. Trustees under this part 1 shall receive five hundred dollars per year for their services, and each of said trustees shall enter into a bond of two thousand dollars to the people of the district for the faithful performance of their duties and the proper accounting of all moneys that may come into their hands as trustees.
L. 75: Entire title R&RE, p. 1247, § 1, effective July 1.
This section is similar to former § 31-35-111 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 1 - WATER RIGHTS AND WORKS - GENERAL (§§ 31-35-101 — 31-35-111) › Section 31-35-109 - Semiannual statement of condition

The board of trustees shall make, twice a year, on June 1 and December 1, a full and complete statement in detail of all moneys collected and expended by it during the preceding six months and of the condition of the waterworks under its control. The statement shall be published at least one time in a daily newspaper published in the county in which said waterworks are located.
L. 75: Entire title R&RE, p. 1247, § 1, effective July 1.
This section is similar to former § 31-35-112 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 1 - WATER RIGHTS AND WORKS - GENERAL (§§ 31-35-101 — 31-35-111) › Section 31-35-110 - Annual statement of estimate

The board of trustees shall render each year, before the making by the governing body of its annual appropriations, a statement to the governing body of the estimated amount, to be raised by taxation, required by such board for the proper maintenance and care of said waterworks during the next succeeding fiscal year, which amount shall be included in the levy fixed by the governing body upon the property in that part or district of the city or town supplied by said waterworks.
L. 75: Entire title R&RE, p. 1247, § 1, effective July 1.
This section is similar to former § 31-35-113 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 1 - WATER RIGHTS AND WORKS - GENERAL (§§ 31-35-101 — 31-35-111) › Section 31-35-111 - Election

Before the people of any city or town or part or district of any city or town can avail themselves of the provisions of this section and of sections
31-35-104
to
31-35-110
, the question to determine their wishes shall first be submitted to the registered electors of said city or town or part or district of the city or town at a special election to be called by the mayor of said city or town upon petition presented to him signed by at least one hundred taxpaying electors who reside in the city or town or that part or district of the city or town for which the board of trustees may be asked. If the entire city or town is proposed to be included within the jurisdiction of such board of trustees, such election may be held in conjunction with the regular election. At said election the ballot or voting machine tabs shall be "For the Board of Trustees" and "Against the Board of Trustees". The election shall be conducted by the clerk in accordance with the provisions of the "Colorado Municipal Election Code of 1965" insofar as practicable. If the majority of votes cast is against the creation of the board of trustees, no further action may be taken under this section and sections
31-35-104
to
31-35-110
for a period of one year from such election and then only on petition as provided in said sections.
L. 75: Entire title R&RE, p. 1248, § 1, effective July 1.
This section is similar to former § 31-35-114 as it existed prior to 1975.
For the "Colorado Municipal Election Code of 1965", see article 10 of this title.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 2 - LEASING WATER RIGHTS - CITIES OF OVER 200,000 (§ 31-35-201) › Section 31-35-201 - Leasing of water - no rights vested

In the event any municipal appropriator of water, having a population in excess of two hundred thousand, leases, after May 12, 1931, water not needed by it for immediate use, no rights shall become vested to a continued leasing or to a continuance of the conditions concerning any return water arising therefrom so as to defeat or impair the right to terminate the leases or change the place of use. Any leasing shall not injuriously affect rights vested in other appropriators prior to said date. Nothing in this section shall authorize an appropriator to recapture water for a second use after it has once been used by it.
L. 75: Entire title R&RE, p. 1248, § 1, effective July 1.
This section is similar to former § 31-35-201 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 3 - WATER MAINS AND OTHER IMPROVEMENTS - CITIES AND TOWNS (§§ 31-35-301 — 31-35-306) › Section 31-35-301 - Construction of water mains

When any city or town is the owner of a municipal water plant with water mains in operation throughout the greater portion of said city or town and is unable to extend the same so as to cover the entire area contained within the municipal limits of said city or town, the citizens and resident taxpayers of any area containing four blocks or more situated in said city or town not having water mains therein may agree among themselves or a majority of the owners of the lots therein for the construction of the same. Upon application to the governing body by a majority of such owners, the governing body shall have authority to enter into a contract with said owners of said four blocks or more or with the majority thereof to allow them to construct such water mains in such territory and to connect the same with the supply of water of said city or town. The governing body has authority to enter into a contract with such citizens to allow all the proceeds derived from water rentals going to such addition through such water mains and collected as rental therefor to be applied to the payment of such water pipes, the cost thereof to be limited by the city or town to not more than the actual cost thereof upon any basis by which the city or town itself could secure the construction of the same. Said payments shall be made without interest and upon such terms not exceeding ten years as may be agreed upon by contract between the parties thereto.
L. 75: Entire title R&RE, p. 1248, § 1, effective July 1.
This section is similar to former § 31-35-301 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 3 - WATER MAINS AND OTHER IMPROVEMENTS - CITIES AND TOWNS (§§ 31-35-301 — 31-35-306) › Section 31-35-302 - Petition - plans - contract

(1)
For the purpose of carrying the provisions of this section and section
31-35-301
into effect, the owners of four blocks or more situated in any city or town in this state owning its own municipal water plant which has not been supplied with water mains shall present a petition to the governing body, offering therein to construct such water mains and pipes in the streets and alleys of said city or town in such manner and at such places and of such sizes as the said governing body may require and at a cost to said city or town as low as the same could be constructed by said city or town.
(2)
Upon receipt of such petition, the governing body shall prepare plans and specifications for the supplying of said territory with water mains and pipes, and the petitioners, upon the inspection of said plans and specifications, shall state their willingness to construct the same at a certain price to be paid for out of the revenues derived from water running through said pipes in said district, the same to be charged at no higher rate than the remainder of said city or town is paying. If such proposition is satisfactory to the governing body, it has the right to enter into a contract with said petitioners upon behalf of said city or town for the construction of such water mains and pipes according to said plans and specifications and for the price agreed upon, not more than that specified, and within a time to be set by said governing body.
(3)
Upon the completion of said works by said petitioners, the city or town shall inspect and, if satisfactory, accept the same and issue certificates of indebtedness therefor stating therein how the same is to be paid out of the proceeds from such water rentals collected from the territory in which said extensions are made, unless otherwise sooner arranged for by said city or town, and proceed to operate and maintain the same and collect the revenues therefrom and to apply the same to the payment of the indebtedness created for the construction of said pipes without interest until the same is paid for or until said city or town makes payment therefor in some other manner. Said rentals shall be paid upon said certificates from time to time when the amount of one hundred dollars is received from said rentals for that purpose, and said rentals shall be set apart and kept as a separate fund and used for the purposes provided in this subsection (3) only until the entire indebtedness is paid.
L. 75: Entire title R&RE, p. 1249, § 1, effective July 1.
This section is similar to former § 31-35-302 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 3 - WATER MAINS AND OTHER IMPROVEMENTS - CITIES AND TOWNS (§§ 31-35-301 — 31-35-306) › Section 31-35-303 - Necessity declared by ordinance

When, in the opinion of the governing body, it is necessary to make any public improvement, including the establishment, extending, widening, grading, or improving of any street or alley, or the establishment, construction, extending, enlarging, or completing of any sewer, sidewalk, bridge, or viaduct, or removing any irrigating ditch, it is lawful for said body to declare by ordinance the necessity for such improvement.
L. 75: Entire title R&RE, p. 1249, § 1, effective July 1.
This section is similar to former § 31-35-303 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 3 - WATER MAINS AND OTHER IMPROVEMENTS - CITIES AND TOWNS (§§ 31-35-301 — 31-35-306) › Section 31-35-304 - Streets and alleys - eminent domain

In case such proposed improvements consist of the establishment, opening, extending, or widening of any street or alley in such city or town and it is necessary to take private property to make such improvement, said ordinance shall declare such necessity, specifying and describing the property to be taken. Thereupon such city or town, by its governing body and its duly authorized officers, may exercise the right of eminent domain and may condemn, take, or damage any private property that may be necessarily condemned, taken, or damaged in the making of such improvement. The manner of proceeding in such cases shall be as prescribed by the laws of this state for the condemnation of lands in other cases.
L. 75: Entire title R&RE, p. 1249, § 1, effective July 1.
This section is similar to former § 31-35-304 as it existed prior to 1975.
For proceedings under eminent domain, see article 1 of title 38.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 3 - WATER MAINS AND OTHER IMPROVEMENTS - CITIES AND TOWNS (§§ 31-35-301 — 31-35-306) › Section 31-35-305 - Sidewalks - assessment - hearing - lien

In case such proposed improvement consists of the establishment, construction, extending, or completing of any sidewalk in said city or town, the ordinance shall specify the property in front of which the sidewalk is to be constructed, extended, or completed; the names of the owners of said property; and the length, width, grade, and material of which the sidewalk is to be constructed. The governing body, as soon thereafter as the cost of said improvements can be definitely ascertained, shall assess the cost thereof upon the lots respectively in front of which said sidewalk is to be constructed. Such assessment, when completed, shall be subject to inspection by any interested person. Notice of the making and completion of the assessment shall be given by the publication of a notice to the effect that said assessment has been made upon said lots and is ready for inspection. The notice shall be published at least once a week for four successive weeks in some newspaper published or of general circulation in said city or town and shall designate a day upon which the governing body shall sit for the purpose of hearing objections thereto and making corrections therein. Upon the day designated, the governing body shall sit for said purpose and hear any objections that may be made and shall thereupon make any such changes in said assessments as may in their judgment be necessary, equitable, or just and shall thereupon finally determine such assessments. Such assessments, when so finally determined, shall be a lien upon the property so assessed for the purpose of making said improvement. An appeal shall lie to any court of competent jurisdiction from any decision of such governing body.
L. 75: Entire title R&RE, p. 1250, § 1, effective July 1.
This section is similar to former § 31-35-305 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 3 - WATER MAINS AND OTHER IMPROVEMENTS - CITIES AND TOWNS (§§ 31-35-301 — 31-35-306) › Section 31-35-306 - Other laws not affected

Nothing in this part 3 shall abridge or otherwise affect the right to make public improvements by virtue of any other laws of this state.
L. 75: Entire title R&RE, p. 1250, § 1, effective July 1.
This section is similar to former § 31-35-306 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 4 - SEWER AND WATER SYSTEMS (§§ 31-35-401 — 31-35-417) › Section 31-35-403 - Authorization of facilities and bonds

(1)
The acquisition, construction, reconstruction, lease, improvement, betterment, or extension of any water facilities or sewerage facilities or both and the issuance, in anticipation of the collection of revenues of such facilities, of bonds to provide funds to pay the cost thereof may be authorized under this part 4 by action of the governing body of the municipality taken at a regular or special meeting by a vote of a majority of the members of the governing body.
(2)
The governing body, in determining such cost, may include all costs and estimated costs of the issuance of said bonds; all engineering, inspection, fiscal, and legal expenses; interest which it is estimated will accrue during the construction or other acquisition period and for a period of not exceeding one year thereafter on money borrowed or which it is estimated will be borrowed pursuant to this part 4; any discount on the sale of the bonds; costs of financial, professional, and other estimates and advice; contingencies; any administrative, operating, and other expenses of the municipality prior to and during such acquisition period and for a period of not exceeding one year thereafter, as may be determined by the governing body; all such other expenses as may be necessary or incident to the financing, acquisition, improvement, equipment, and completion of any water or sewerage facilities, joint water and sewer system, or part thereof, and the placing of the same in operation; such provision or reserves for working capital, operation, maintenance, or replacement expenses or for payment or security of principal of or interest on any bonds during or after such an acquisition or improvement and equipment as the governing body may determine; and also reimbursements to the federal government or any agency, instrumentality, or corporation thereof of any moneys theretofore expended for or in connection with any such water or sewerage facilities or both.
L. 75: Entire title R&RE, p. 1253, § 1, effective July 1.
This section is similar to former § 31-35-403 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 4 - SEWER AND WATER SYSTEMS (§§ 31-35-401 — 31-35-417) › Section 31-35-405 - Signatures on bonds

(1)
The bonds and any coupons bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations of the municipality, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to be officers of the municipality issuing the same.
(2)
Any officer authorized or permitted to sign any bond or interest coupon, at the time of its execution and of the execution of a signature certificate, may adopt as and for his own facsimile signature the facsimile signature of his predecessor in office in the event that such facsimile signature appears upon the bond or coupons appertaining thereto or upon both the bond and such coupons.
L. 75: Entire title R&RE, p. 1255, § 1, effective July 1.
This section is similar to former § 31-35-405 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 4 - SEWER AND WATER SYSTEMS (§§ 31-35-401 — 31-35-417) › Section 31-35-406 - Tax exemption

The bonds and the income therefrom are exempt from taxation, except inheritance, estate, and transfer taxes.
L. 75: Entire title R&RE, p. 1256, § 1, effective July 1.
This section is similar to former § 31-35-406 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 4 - SEWER AND WATER SYSTEMS (§§ 31-35-401 — 31-35-417) › Section 31-35-408 - No municipal liability on bonds

Revenue bonds issued under this part 4 shall not constitute an indebtedness of the municipality within the meaning of any constitutional or statutory limitations. Each bond issued under this part 4 shall recite in substance that said bond, including interest thereon, is payable solely from the revenues pledged to the payment thereof and that said bond does not constitute a debt of the municipality within the meaning of any constitutional or statutory limitations.
L. 75: Entire title R&RE, p. 1257, § 1, effective July 1.
This section is similar to former § 31-35-408 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 4 - SEWER AND WATER SYSTEMS (§§ 31-35-401 — 31-35-417) › Section 31-35-409 - Remedies of bondholders

(1)
Subject to any contractual limitations binding upon the holders of any issue of bonds or the trustee therefor, including but not limited to the restriction of the exercise of any remedy to a specified proportion or percentage of such holders, any holder of bonds or trustee therefor has the right and power, for the equal benefit and protection of all holders of bonds similarly situated:
(a)
To enforce his rights against the municipality and its governing body and any of its officers, agents, and employees by an action in the nature of mandamus or other suit, action, or proceeding at law or in equity and to require and compel such municipalities or such governing body or any such officers, agents, or employees to perform and carry out their duties and obligations under this part 4 and their covenants and agreements with the bondholders;
(b)
To require the municipality and the governing body thereof to account as if they were the trustee of an express trust by action or suit in equity;
(c)
To enjoin any acts or things which may be unlawful or in violation of the rights of the bondholders by action or suit in equity; and
(d)
To bring suit upon the bonds.
(2)
No right or remedy conferred by this part 4 upon any holder of bonds or any trustee therefor is intended to be exclusive of any other right or remedy, but each such right or remedy is cumulative and in addition to every other right or remedy and may be exercised without exhausting and without regard to any other remedy conferred by this part 4 or by any other law.
L. 75: Entire title R&RE, p. 1257, § 1, effective July 1.
This section is similar to former § 31-35-409 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 4 - SEWER AND WATER SYSTEMS (§§ 31-35-401 — 31-35-417) › Section 31-35-410 - Construction of part 4

The powers conferred by this part 4 are in addition and supplemental to and not in substitution for, and the limitations imposed by this part 4 shall not affect, the powers conferred by any other law. Bonds may be issued under this part 4 without regard to the provisions of any other law. The water facilities or sewerage facilities or both may be acquired, purchased, constructed, reconstructed, improved, bettered, and extended, and bonds may be issued under this part 4 for said purposes, notwithstanding that any law may provide for the acquisition, purchase, construction, reconstruction, improvement, betterment, and extension for like purposes, and without regard to the requirements, restrictions, debt, or other limitations or other provisions contained in any other law, including, but not limited to, any requirement for any restriction or limitation on the incurring of indebtedness or the issuance of bonds. Insofar as the provisions of this part 4 are inconsistent with the provisions of any other law, the provisions of this part 4 shall be controlling.
L. 75: Entire title R&RE, p. 1258, § 1, effective July 1.
This section is similar to former § 31-35-410 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 4 - SEWER AND WATER SYSTEMS (§§ 31-35-401 — 31-35-417) › Section 31-35-411 - Pledge of other utility revenues

Any municipality having surplus and unpledged revenues of any municipal utility has the power to pledge such revenues for and deposit them in the fund created to pay the interest on and principal of revenue bonds issued pursuant to this part 4.
L. 75: Entire title R&RE, p. 1258, § 1, effective July 1.
This section is similar to former § 31-35-411 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 4 - SEWER AND WATER SYSTEMS (§§ 31-35-401 — 31-35-417) › Section 31-35-413 - Incontestable recital in bonds

Any ordinance or resolution authorizing or any trust indenture or other instrument appertaining to any bonds under this part 4 may provide that each bond therein authorized shall recite that it is issued under authority of this part 4. Such recital shall conclusively impart full compliance with all of the provisions of this part 4, and all bonds issued containing such recital shall be incontestable for any cause whatsoever after their delivery for value.
L. 75: Entire title R&RE, p. 1259, § 1, effective July 1.
This section is similar to former § 31-35-413 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 4 - SEWER AND WATER SYSTEMS (§§ 31-35-401 — 31-35-417) › Section 31-35-414 - Application of bond proceeds

(1)
All moneys received from the issuance of any bonds authorized in this part 4 shall be used solely for the purpose for which issued and the cost of any project thereby delineated.
(2)
Any accrued interest and any premium shall be applied to the payment of the interest on or the principal of the bonds or both interest and principal or shall be deposited in a reserve therefor, as the governing body may determine.
(3)
Any unexpended balance of such bond proceeds remaining after the completion of the acquisition or improvement and equipment of the project or the completion of the purpose for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of said bonds and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the bonds and the proceedings authorizing or otherwise appertaining to their issuance, or into a reserve therefor.
(4)
The validity of said bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the acquisition or improvement and equipment of the project or the proper completion of any project for which the bonds are issued.
(5)
The purchaser of the bonds shall in no manner be held responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents, and employees.
L. 75: Entire title R&RE, p. 1259, § 1, effective July 1.
This section is similar to former § 31-35-414 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 4 - SEWER AND WATER SYSTEMS (§§ 31-35-401 — 31-35-417) › Section 31-35-415 - Continuing rights of bondholders

The failure of any holder of any bond or coupon issued under this part 4 to proceed as provided in section
31-35-409
or in any proceedings appertaining to the issuance of such bond or coupon shall not relieve the municipality, its governing body, or any of its officers, agents, and employees of any liability for failure to perform or carry out any duty, obligation, or other commitment.
L. 75: Entire title R&RE, p. 1260, § 1, effective July 1.
This section is similar to former § 31-35-415 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 4 - SEWER AND WATER SYSTEMS (§§ 31-35-401 — 31-35-417) › Section 31-35-416 - Validation

All revenue bonds and any coupons appertaining thereto relating to a water system, sewer system, or joint water and sewer system issued or purportedly issued prior to March 13, 1962, and all acts and proceedings had or taken or purportedly had or taken prior to said date by or on behalf of municipalities, under law or under color of law, preliminary to and in the authorization, execution, sale, and issuance of all water revenue bonds, sewer revenue bonds, and joint water and sewer revenue bonds, including any coupons appertaining thereto, the authorization and execution of all other contracts, and the exercise of other powers in this part 4 are validated, ratified, approved, and confirmed by this section except as provided in section
31-35-417
, 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 such municipality to which they appertain in accordance with their terms and their authorization proceedings.
L. 75: Entire title R&RE, p. 1260, § 1, effective July 1.
This section is similar to former § 31-35-416 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 4 - SEWER AND WATER SYSTEMS (§§ 31-35-401 — 31-35-417) › Section 31-35-417 - Effect of and limitations upon validation

This part 4 shall operate to supply such legislative authority as may be necessary to validate any such securities issued and other contracts executed prior to March 13, 1962, of such municipalities and any acts and proceedings taken appertaining to the issuance of such securities or execution of other contracts by such municipalities or otherwise prior to said date which the general assembly 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 4 shall be limited to the validation of such securities, other contracts, acts, and proceedings to the extent to which the same can be effectuated under the state and federal constitutions. This part 4 shall not operate to validate, ratify, approve, confirm, or legalize any bond or coupon, other contract, act, proceeding, or other matter, the legality of which is being contested, or inquired into in any legal proceeding now pending and undetermined and shall not operate to confirm, validate, or legalize any bond or coupon, other contract, act, proceeding, or other matter which, prior to March 13, 1962, has been determined in any legal proceeding to be illegal, void, or ineffective.
L. 75: Entire title R&RE, p. 1260, § 1, effective July 1.
This section is similar to former § 31-35-417 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 5 - MUNICIPAL WATER AND SEWER BOARDS (§§ 31-35-501 — 31-35-514) › Section 31-35-501 - Creation of board

(1)
The governing body of any city or town, organized under a special act or home rule charter or under the general laws of the state, has the power to create, by ordinance, a nonpolitical local legislative body designated as a board of commissioners, referred to in this part 5 as the "board", to have complete charge and control of the sewerage facilities or water facilities or joint water and sewer system of such city or town, as designated in such ordinance, in which board are vested all powers, rights, privileges, and duties vested in the city or town creating the board and pertaining to the type of facilities or system designated in such ordinance.
(2)
The exercise of any and all executive, administrative, and ministerial powers may be delegated and redelegated by the board to officials and employees of the city or town employed by the board.
(3)
The board shall indicate the capacity in which the city or town is acting when such actions are taken by the board, e.g., "the city (town) of ................, acting by and through its board of water and sewer commissioners".
L. 75: Entire title R&RE, p. 1261, § 1, effective July 1.
This section is similar to former § 31-35-418 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 5 - MUNICIPAL WATER AND SEWER BOARDS (§§ 31-35-501 — 31-35-514) › Section 31-35-502 - Board - appointments - removal - bonds - meetings

The municipality shall by ordinance prescribe the number of commissioners, their qualifications, their terms of office, methods for their election or appointment or removal, the amount and nature of any fidelity bond required to be given, the number of meetings required to be held, their compensation, if any, the selection and term of office of its officers, and such other matters concerning the board as are not in conflict with this part 5.
L. 75: Entire title R&RE, p. 1261, § 1, effective July 1.
This section is similar to former § 31-35-419 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 5 - MUNICIPAL WATER AND SEWER BOARDS (§§ 31-35-501 — 31-35-514) › Section 31-35-503 - Oath - officers

Each commissioner, before assuming the duties of his office, shall take and subscribe an oath or affirmation before an officer authorized to administer oaths that he will support the constitutions and laws of the United States and of this state and that he will faithfully and impartially discharge the duties of his office to the best of his ability. Such oath or affirmation shall be filed in the office of the clerk or secretary of the municipality.
L. 75: Entire title R&RE, p. 1261, § 1, effective July 1.
This section is similar to former § 31-35-420 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 5 - MUNICIPAL WATER AND SEWER BOARDS (§§ 31-35-501 — 31-35-514) › Section 31-35-504 - Board's administrative powers

(1)
The board, on behalf and in the name of the municipality, has the following powers:
(a)
To fix the time and place at which its regular meetings shall be held within the municipality and to provide for the calling and holding of special meetings;
(b)
To adopt and amend or otherwise modify bylaws and rules for procedure;
(c)
To prescribe by resolution a system of business administration, to create any and all necessary offices, and to establish and reestablish the powers, duties, and compensation of all officers, agents, and employees and other persons contracting with the board, subject to the provisions of any ordinance adopted pursuant to section
31-35-502
; but, except as may be otherwise therein provided, such compensation shall be established at prevailing rates of pay for equivalent services.
L. 75: Entire title R&RE, p. 1261, § 1, effective July 1.
This section is similar to former § 31-35-421 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 5 - MUNICIPAL WATER AND SEWER BOARDS (§§ 31-35-501 — 31-35-514) › Section 31-35-505 - Meetings of board

(1)
All meetings of the board shall be held within the municipality and shall be open to the public.
(2)
No business of the board shall be transacted except at a regular or special meeting at which a quorum consisting of at least a majority of the total membership of the board is present.
(3)
Any action of the board shall require the affirmative vote of a majority of the directors present and voting thereon.
(4)
A smaller number of directors than a quorum may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as the board may provide by resolution or by law.
L. 75: Entire title R&RE, p. 1262, § 1, effective July 1.
This section is similar to former § 31-35-422 as it existed prior to 1975.
2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › POWERS AND FUNCTIONS OF CITIES AND TOWNS (§§ 31-15-101 — 31-35-712) › Article 35 - WATER AND SEWAGE (§§ 31-35-101 — 31-35-712) › Part 5 - MUNICIPAL WATER AND SEWER BOARDS (§§ 31-35-501 — 31-35-514) › Section 31-35-506 - Additional administrative powers

(1)
The board, on behalf and in the name of the municipality, also has the following powers:
(a)
To require and fix the amount of all official fidelity and completion bonds necessary or desirable and convenient in the opinion of the board for the protection of the funds and property of the municipality under the jurisdiction of the board, subject to the provisions of any ordinance adopted pursuant to section
31-35-502
regarding fidelity bonds for commissioners;
(b)
To prescribe a method of auditing and allowing or rejecting claims and demands subject to the provisions of section
31-35-507
;
(c)
To provide a method for the letting of contracts on a fair and competitive basis for the construction of works, the facilities, or any project or any interest therein or the performance or furnishing of labor, materials, or supplies as required in part 4 of this article and this part 5 and to require a contractor's bond in the manner required of a governing body and a municipality in sections
38-26-105
to
38-26-107
, C.R.S.;
(d)
To designate an official newspaper published in the municipality or, if none, of general circulation therein and to publish any notice or other instrument in any additional newspaper where the board deems that it is necessary or advisable to do so; and
(e)
To make and pass resolutions and orders on behalf of the municipality not repugnant to the provisions of part 4 of this article and this part 5 which are necessary or proper for the government and management of the affairs of the municipality, for the execution of the powers vested in the municipality, and for carrying into effect the provisions of part 4 of this article and this part 5 in connection with the facilities or joint system designated in the ordinance creating the board.
L. 75: Entire title R&RE, p. 1262, § 1, effective July 1.
This section is similar to former § 31-35-423 as it existed prior to 1975.