County petitions and referred measures

Colo. Rev. Stat. § 30-11-103.5, under Government - County.

Colo. Rev. Stat. § 30-11-103.5

The procedures for placing an issue or question on the ballot by a petition of the electors of a county that is pursuant to statute or the state constitution or that a board of county commissioners may refer to a vote of the electors pursuant to statute or the state constitution shall, to the extent no such procedures are prescribed by statute, charter, or the state constitution, follow as nearly as practicable the procedures for municipal initiatives and referred measures under part 1 of article 11 of title 31, C.R.S. The county clerk and recorder shall resolve any questions about the applicability of the procedures in part 1 of article 11 of title 31, C.R.S.

Source: L. 96: Entire section added, p. 1766, � 58, effective July 1.

30-11-104. County buildings - acquisition of land or buildings by eminent domain authorized. (1) (a) Each county, at its own expense, shall provide a suitable courthouse, a sufficient jail, and other necessary county buildings and keep them in repair.

(b) For any penal institution that begins operations on or after August 30, 1999, that is operated by or under contract with a county, the county may establish standards relating to space requirements, furnishing requirements, required special use areas or special management housing, and environmental condition requirements, including but not limited to standards pertaining to light, ventilation, temperature, and noise level. If a county does not adopt standards pursuant to this paragraph (b), the penal institution operated by or under contract with the county shall be subject to the standards adopted by the department of public health and environment pursuant to section 25-1.5-101 (1)(i), C.R.S. In establishing such standards, the county is strongly encouraged to consult with national associations that specialize in policies relating to correctional institutions.

(2) Each county has the power to acquire, by eminent domain, land or buildings, or both, for the provision of court and district attorney facilities, jails, and other necessary facilities specifically related thereto. Any acquisitions by eminent domain shall be made in the manner authorized for cities and towns as set forth in article 6 of title 38, C.R.S.

Source: G.L. � 431. G.S. � 524. R.S. 08: � 1180. C.L. � 8661. CSA: C. 45, � 4. CRS 53: � 36-1-4. C.R.S. 1963: � 36-1-4. L. 87: Entire section amended, p. 1203, � 1, effective July 1. L. 2000: (1) amended, p. 803, � 2, effective May 24. L. 2003: (1)(b) amended, p. 714, � 56, effective July 1.

30-11-104.1. Financed purchase of an asset or certificate of participation agreements. (1) In order to provide for financing of a public park, a public trail, a public golf course, or public open space, or a courthouse, jail, or other county building or equipment used, or to be used, for governmental purposes, or for financing of a forest health project as defined in section 37-95-103 (4.9), any county is authorized to enter into financed purchase of an asset or certificate of participation agreements.

(2) Such agreements may include an option to purchase, transfer, and acquire title to such property and the improvements thereon, if any, within a period not exceeding the useful life of such property and any improvements, but in no case exceeding thirty years.

(3) The obligation under any such agreements may only be from year to year and may not constitute a mandatory charge or requirement in any ensuing budget year.

(4) The obligation to make payments under such an agreement and the obligation to pay other charges incident to any such agreement shall not constitute or give rise to an indebtedness within the meaning of any constitutional, statutory, or home rule charter debt limitation.

Source: L. 81: Entire section added, p. 1446, � 1, effective May 29. L. 83: (1) amended, p. 1233, � 1, effective May 25. L. 99: (1) and (2) amended, p. 166, � 1, effective March 25. L. 2021: (1) amended, (HB 21-1008), ch. 159, p. 906, � 3, effective May 20; (1) and (3) amended, (HB 21-1316), ch. 325, p. 2054, � 68, effective July 1.

Editor's note: Amendments to subsection (1) by HB 21-1008 and HB 21-1316 were harmonized.