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Colorado Statutes, Title 32

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Title 32, Special Districts

0 chapters · 784 sections in this title.

All chapters in Title 32784 Ch 11209 Ch 1143 Ch 977 Ch 463 Ch 746 Ch 1536 Ch 11.535 Ch 1433 Ch 1229 Ch 2217 Ch 1316 Ch 1915 Ch 1714 Ch 2114

35 sections·Filtered byTitle 32✕Ch 11.5✕

Colo. Rev. Stat. § 32-11.5-101 Short title
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This article shall be known and may be cited as the "Fountain Creek Watershed, Flood Control, and Greenway District Act". Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 840, § 1, effective April 30.
Colo. Rev. Stat. § 32-11.5-102 Legislative declaration
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(1) The general assembly hereby finds and declares that: (a) The Fountain creek watershed, including Fountain creek, related wetlands, existing trails, and recreational facilities, is a unique and high quality watershed that is an important resource and asset to the people of El …
Colo. Rev. Stat. § 32-11.5-103 Definitions
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As used in this article, unless the context otherwise requires: (1) "Assessable property" means any tract of land in an improvement district specially benefited by a project paid for in whole or in part by the district by the levy of assessments other than: (a) A tract owned by t…
Colo. Rev. Stat. § 32-11.5-104 Public purpose - liberal construction - sufficiency of article
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(1) The exercise of any power authorized in this article by the board on behalf of the district and any project authorized pursuant to this article effects a public purpose. (2) This article being necessary to secure and preserve the public health, safety, and general welfare, th…

Colo. Rev. Stat. § 32-11.5-201 Creation of district

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There is hereby created the Fountain creek watershed, flood control, and greenway district, which shall be a body politic and corporate and a political subdivision of the state. The district shall not be an agency of state government and shall not be subject to administrative dir…

Colo. Rev. Stat. § 32-11.5-202 Boundaries of district

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The area comprising the district consists of the counties of El Paso and Pueblo. Source: L. 2009: Entire article added, (SB 09-141), ch. 194, p. 847, § 1, effective April 30.

Colo. Rev. Stat. § 32-11.5-203 Board of directors - general powers and delegation thereof - manner of appointment - compensation

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(1) (a) The district shall be governed by a board of directors, and, subject to paragraph (b) of this subsection (1), the board shall exercise all powers, rights, privileges, and duties of the district as provided in this article. (b) (I) The board may create an executive committ…

Colo. Rev. Stat. § 32-11.5-204 Board - meetings - records

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(1) (a) Except for the initial board, each board shall meet in January of each year at a regular place of meeting within the district for the qualification of new directors and for the selection of new officers. The initial board at its first meeting, and each successor board at …

Colo. Rev. Stat. § 32-11.5-205 Powers of district

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(1) The district, acting through the board or through other persons to whom the board has delegated any of its powers as authorized by this article, has the following general and administrative powers: (a) To have perpetual existence; (b) To sue and be sued; (c) To adopt bylaws f…

Colo. Rev. Stat. § 32-11.5-206 Approval of other infrastructure

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(1) Subject to the limitations specified in section 32-11.5-205 (3), on and after April 30, 2009, only the federal government may acquire or improve within the territorial limits of the watershed management area any drainage and flood control or recreational infrastructure, unles…

Colo. Rev. Stat. § 32-11.5-207 Powers of public bodies

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(1) A public body, for the purpose of aiding and cooperating in any project authorized in this article, may: (a) Sell, lease, loan, donate, grant, convey, assign, transfer, and otherwise dispose to the district any project-related infrastructure, property, or interest therein; (b…

Colo. Rev. Stat. § 32-11.5-301 Service charges

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(1) (a) The district may impose and collect service charges, or special fees as defined by Colorado law, for direct or indirect connection with, or the use or services of, facilities, including, but not limited to, minimum charges and charges for the availability of facilities or…

Colo. Rev. Stat. § 32-11.5-401 Taxes

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Subject to the election requirements specified in section 32-11.5-205 (2)(c)(II) and the limitations specified in part 3 of article 1 of title 29 C.R.S., the district may levy and collect ad valorem taxes, levied at a rate of no more than five mills, on and against all taxable pr…

Colo. Rev. Stat. § 32-11.5-402 Bonds

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(1) Subject to the election requirements specified in section 32-11.5-205 (2)(c)(II), the district may, from time to time, issue bonds for any of its corporate purposes. The bonds shall be issued pursuant to a resolution of the board or a trust indenture, shall not be secured by …

Colo. Rev. Stat. § 32-11.5-501 Improvement districts, special assessments, and bonds - general authority of district

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Subject to the election requirements specified in section 32-11.5-205 (2)(c)(II) and the procedural and other requirements of this part 5, the district may create one or more improvement districts, levy special assessments against all of the assessable property in an improvement …

Colo. Rev. Stat. § 32-11.5-502 Initiating procedure

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(1) The procedure for acquiring, constructing, or improving any project to be funded in whole or in part with revenues generated by special assessments can be initiated by the provisional order method described in subsection (2) of this section or the petition method described in…

Colo. Rev. Stat. § 32-11.5-503 Combination of projects

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(1) More than one project may be combined in an improvement district if the board determines that the combination will be efficient and economical. (2) If projects combined in one improvement district are separate and distinct due to substantial differences in their character or …

Colo. Rev. Stat. § 32-11.5-504 Effect of estimates

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(1) Unless otherwise specifically provided in this article, no estimate of the cost of a project required or authorized in this part 5 shall constitute a limit on the cost or a limit on the powers of the board or of any officers, agents, or employees of the district. (2) No asses…

Colo. Rev. Stat. § 32-11.5-505 Fixing hearing and notice

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(1) In a resolution constituting a provisional order pursuant to section 32-11.5-502 (2), the board shall set a time at least twenty days after the date of the resolution and a place at which the owners of the tracts to be assessed or any other interested persons may appear befor…

Colo. Rev. Stat. § 32-11.5-506 Subsequent modifications

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(1) Except as otherwise provided in subsection (2) of this section, the board may modify or rescind by resolution any board action relating to the creation of an improvement district or the imposition of special assessments at any time before adopting a resolution creating the im…

Colo. Rev. Stat. § 32-11.5-507 Provisional order hearing

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(1) At the provisional order hearing, any property owners interested in a proposed project to be funded in whole or in part with revenues generated by special assessments may present their views to the board. The board may adjourn the hearing from time to time. (2) If the board d…

Colo. Rev. Stat. § 32-11.5-508 Post-hearing procedure

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(1) After the provisional order hearing, the board shall determine whether to form the proposed improvement district and any assessment unit within the proposed improvement district. (2) If the board desires to form the proposed improvement district but also desires to modify the…

Colo. Rev. Stat. § 32-11.5-509 Creation of improvement district

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(1) When an accurate estimate of cost, full and detailed plans and specifications, and the map and assessment plat are prepared, presented, and are satisfactory to the board, regardless of whether the preliminary estimate of cost, plans and specifications, and map and assessment …

Colo. Rev. Stat. § 32-11.5-510 Construction contracts

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No contract for construction work to acquire or improve the project contemplated shall be made or awarded nor shall the board incur any expense or any liability in relation thereto, except for maps, plats, diagrams, estimates, plans, specifications, and notices, until after the p…

Colo. Rev. Stat. § 32-11.5-511 Division of tract

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If a tract is divided after a special assessment has been levied and divided into installments and before the collection of all the installments, the board may require the county assessor to apportion the uncollected amounts upon the several parts of the tract so divided proporti…

Colo. Rev. Stat. § 32-11.5-601 Annexation of lands to watershed management area

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(1) The territorial limits of the watershed management area may be enlarged by the annexation of additional real property thereto: (a) By petition and consent of the fee owner pursuant to sections 32-11.5-602 and 32-11.5-606; (b) By petition of the eligible electors pursuant to s…

Colo. Rev. Stat. § 32-11.5-602 Petition of fee owners

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(1) The fee owner of any real property contiguous to the territorial limits of the watershed management area and capable of being served with facilities of the district may file with the board a petition in writing seeking the inclusion of the property in the watershed management…

Colo. Rev. Stat. § 32-11.5-603 Petition of eligible electors

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(1) Not less than ten percent or one hundred, whichever number is smaller, of the eligible electors of any real property that is contiguous to the watershed management area and contains twenty-five thousand or more square feet of land may file a petition with the board in writing…

Colo. Rev. Stat. § 32-11.5-604 Annexation election

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(1) If a petition is provisionally granted pursuant to section 32-11.5-602 or 32-11.5-603, the board by resolution shall: (a) Make an order to that effect; (b) Direct that the question of inclusion of the real property proposed to be annexed within the watershed management area b…

Colo. Rev. Stat. § 32-11.5-605 Annexation initiated by the board

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(1) (a) At any time and as a condition to an annexation initiated by the board, the board may adopt a resolution determining that real property proposed for annexation: (I) Is contiguous to the territorial limits of the watershed management area; (II) Contains six hundred forty o…

Colo. Rev. Stat. § 32-11.5-606 General annexation provisions

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(1) The failure of any person in the watershed management area or in an area proposed to be annexed to the watershed management area to file a written objection to a proposed annexation in a properly noticed hearing of the board thereon constitutes the assent of the person to the…

Colo. Rev. Stat. § 32-11.5-701 Budgets, accounts, audits, and construction contracting

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(1) The district shall adopt a budget for each fiscal year, shall maintain accounts, and shall cause audits to be made pertaining to the financial affairs of the district as respectively provided in the "Local Government Budget Law of Colorado", part 1 of article 1 of title 29, C…

Colo. Rev. Stat. § 32-11.5-702 No action maintainable

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An action or proceeding at law or in equity to review any acts or proceedings or to question the validity or enjoin the performance of any act or proceedings or the issuance of any bonds or for any other relief against or from any acts or proceedings done under this article, whet…

Colo. Rev. Stat. § 32-11.5-703 Early hearings

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Any civil action in which there may arise a question regarding the validity of any power granted in this article or of any other provision of this article shall be advanced as a matter of immediate public interest and concern and shall be heard at the earliest practicable moment.…

Colo. Rev. Stat. § 32-11.5-704 Freedom from judicial process

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(1) Execution or other judicial process shall not issue against any property of the district authorized in this article, nor shall any judgment against the district be a charge or lien upon its property. (2) Subsection (1) of this section does not apply to or limit the right of a…