0 chapters · 923 sections in this title.
Colo. Rev. Stat. § 31-35-102 Ditch and canal management
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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. Source: L. 75: Entire title R&RE, p. 1245, � 1, effective July 1. Editor's note: This section is similar to former � 31-35-…
Colo. Rev. Stat. § 31-35-103 Trustees of waterworks - duties
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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 3…
Colo. Rev. Stat. § 31-35-104 First election of trustees
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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 …
Colo. Rev. Stat. § 31-35-105 Trustees - qualifications
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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 trus…
Colo. Rev. Stat. § 31-35-106 Regular election of trustees
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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,…
Colo. Rev. Stat. § 31-35-107 Trustees - quorum - existing boards - secretary
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(1) The first board of trustees elected pursuant to this part 1 shall be elected as follows: One for the period of two years, one for the period of four years, and one for the period of six years; and, at the end of each term, a board member shall be elected for a term of six yea…
Colo. Rev. Stat. § 31-35-108 Acts of board - meetings - vacancies - compensation and bond
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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 d…
Colo. Rev. Stat. § 31-35-109 Semiannual statement of condition
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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 …
Colo. Rev. Stat. § 31-35-110 Annual statement of estimate
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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 d…
Colo. Rev. Stat. § 31-35-111 Election
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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 …
Colo. Rev. Stat. § 31-35-201 Leasing of water - no rights vested
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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…
Colo. Rev. Stat. § 31-35-301 Construction of water mains
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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…
Colo. Rev. Stat. § 31-35-302 Petition - plans - contract
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(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 petitio…
Colo. Rev. Stat. § 31-35-303 Necessity declared by ordinance
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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, sidewa…
Colo. Rev. Stat. § 31-35-304 Streets and alleys - eminent domain
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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 describi…
Colo. Rev. Stat. § 31-35-305 Sidewalks - assessment - hearing - lien
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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 own…
Colo. Rev. Stat. § 31-35-306 Other laws not affected
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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. Source: L. 75: Entire title R&RE, p. 1250, � 1, effective July 1. Editor's note: This section is similar to former � 31-35-306 as it existed p…
Colo. Rev. Stat. § 31-35-401 Definitions
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As used in this part 4, unless the context otherwise requires: (1) Consumer means any public or private user of water facilities or sewerage facilities or both. (2) Governing body means the body which is in charge of the municipality's water or sanitation facilities, whether or n…
Colo. Rev. Stat. § 31-35-402 Powers
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(1) In addition to the powers which it may now have, any municipality, without any election of the qualified electors thereof, has power under this part 4: (a) To acquire by gift, purchase, lease, or exercise of the right of eminent domain, to construct, to reconstruct, to improv…
Colo. Rev. Stat. § 31-35-403 Authorization of facilities and bonds
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(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 the…
Colo. Rev. Stat. § 31-35-404 Bond provisions
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(1) Revenue bonds issued under this part 4 shall bear interest at a rate such that the net effective interest rate of the issue of bonds does not exceed the maximum net effective interest rate authorized, payable semiannually or annually, and evidenced by one or two sets of coupo…
Colo. Rev. Stat. § 31-35-405 Signatures on bonds
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(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 signatur…
Colo. Rev. Stat. § 31-35-406 Tax exemption
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The bonds and the income therefrom are exempt from taxation, except inheritance, estate, and transfer taxes. Source: L. 75: Entire title R&RE, p. 1256, � 1, effective July 1. Editor's note: This section is similar to former � 31-35-406 as it existed prior to 1975.
Colo. Rev. Stat. § 31-35-407 Covenants in bond ordinance
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(1) Any ordinance or resolution authorizing the issuance of bonds under this part 4 or trust indenture or other instrument appertaining thereto to finance in whole or in part the acquisition, construction, reconstruction, improvement, betterment, or extension of water facilities …
Colo. Rev. Stat. § 31-35-408 No municipal liability on bonds
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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 s…
Colo. Rev. Stat. § 31-35-409 Remedies of bondholders
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(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 th…
Colo. Rev. Stat. § 31-35-410 Construction of part 4
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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 o…
Colo. Rev. Stat. § 31-35-411 Pledge of other utility revenues
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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. Source: L. 75: Entire title R&RE, p…
Colo. Rev. Stat. § 31-35-412 Refunding bonds
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(1) Any bonds issued for any refunding purpose authorized in section 31-35-402 (1)(j) may either be delivered in exchange for the outstanding bonds authorized to be refunded or may be sold as provided for in section 31-35-404. (2) No bonds may be refunded under this part 4 unless…
Colo. Rev. Stat. § 31-35-413 Incontestable recital in bonds
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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 …
Colo. Rev. Stat. § 31-35-414 Application of bond proceeds
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(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 th…
Colo. Rev. Stat. § 31-35-415 Continuing rights of bondholders
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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, a…
Colo. Rev. Stat. § 31-35-416 Validation
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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…
Colo. Rev. Stat. § 31-35-417 Effect of and limitations upon validation
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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 securitie…
Colo. Rev. Stat. § 31-35-500.3 Definitions
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As used in this part 5, unless the context otherwise requires: (1) Board means a board of commissioners created pursuant to section 31-35-501 (1). Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2093, � 275, effective August 6.
Colo. Rev. Stat. § 31-35-501 Creation of board
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(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 to have complete charge and c…
Colo. Rev. Stat. § 31-35-502 Board - appointments - removal - bonds - meetings
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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 hel…
Colo. Rev. Stat. § 31-35-503 Oath - officers
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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 imp…
Colo. Rev. Stat. § 31-35-504 Board's administrative powers
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(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 othe…
Colo. Rev. Stat. § 31-35-505 Meetings of board
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(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…
Colo. Rev. Stat. § 31-35-506 Additional administrative powers
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(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 prope…
Colo. Rev. Stat. § 31-35-507 Budgets, accounts, and audits
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The board, in connection with the facilities or joint system under the board's jurisdiction, shall adopt a budget for each fiscal year of the municipality, shall maintain accounts, and shall cause an annual audit to be made pertaining to the financial affairs of the board as prov…
Colo. Rev. Stat. § 31-35-508 Records of board
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(1) On all resolutions and orders, the roll shall be called, and the ayes and noes shall be recorded. All resolutions and orders, as soon as may be after their passage, shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the presiding …
Colo. Rev. Stat. § 31-35-509 Conflicts in interest prohibited
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No commissioner nor officer, employee, or agent of the municipality under the board's jurisdiction shall be interested in any contract or transaction with the municipality except in his official representative capacity or as is provided in his contract of employment with the muni…
Colo. Rev. Stat. § 31-35-510 Authorization of facilities
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The municipality, acting by and through the board, may acquire, improve, equip, relocate, maintain, and operate the facilities or joint system under the board's jurisdiction, any project, or any part thereof for the benefit of the municipality and the inhabitants thereof after th…
Colo. Rev. Stat. § 31-35-511 Implementing powers
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The board, in connection with the facilities or joint system of the municipality under the board's jurisdiction and any project pertaining thereto, may from time to time condemn, otherwise acquire, improve, equip, operate, maintain, and dispose of property within or without or bo…
Colo. Rev. Stat. § 31-35-512 Additional powers of municipality
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(1) The municipality, acting by and through the board, has the following powers: (a) To have the duties, privileges, immunities, rights, liabilities, and disabilities pertaining to a body corporate and politic and constituting a municipal corporation and political subdivision of …
Colo. Rev. Stat. § 31-35-513 Financial powers of municipality
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(1) The municipality, acting by and through the board, also has the following powers: (a) To borrow money and to issue municipal securities evidencing any loan to or amount due by the municipality, to provide for and secure the payment of any municipal securities and the rights o…
Colo. Rev. Stat. § 31-35-514 Other powers of board
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The delineation of powers in this part 5 which may be exercised by the board does not by implication deny any other powers which are otherwise granted to the municipality by law. Source: L. 75: Entire title R&RE, p. 1264, � 1, effective July 1. Editor's note: This section is simi…
Colo. Rev. Stat. § 31-35-601 Owner to be notified
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In addition to the powers already had by municipalities, they have the following powers: When the governing body of a municipality having a public sewerage system deems it necessary for the protection of public health that owners of one or more premises connect their premises wit…