Colorado § 22-5-111 - Buildings and facilities.

§ 22-5-111. Buildings and facilities.

(1) A school district which is participating in a cooperative service agreement, when authorized by a vote of the eligible electors as provided in article 42 of this title, may contract for bonded indebtedness for the purpose of purchasing sites, constructing buildings or other structures, and equipping buildings which are necessary for the operation of a cooperative educational service program. The district which contracts for bonded indebtedness may charge the other members participating in the cooperative service agreement for the use of the building and equipment. The rental proceeds may be applied to the retirement of said bonded indebtedness. This article shall not be construed to create liability for retirement of such bonded indebtedness upon the other members participating in the cooperative service agreement.

(2) The boards of education of the school districts participating in a cooperative service agreement may jointly, separately, or, after approval of each participating board of education, as a board of cooperative services construct, purchase, or lease sites, buildings, and equipment for the purpose of providing the facilities necessary for the operation of a cooperative service program at any appropriate location, whether within or without a school district providing the money for the facilities. School district moneys in any fund from which moneys may be legally expended for such facilities may be used for carrying out the provisions of this section. The provisions of sections 22-32-127 and 22-45-103 (1) shall apply to any installment purchase agreement or any lease or rental agreement, including but not limited to any sublease-purchase agreement entered into by a school district that is a member of a board of cooperative services pursuant to section 22-43.7-110 (2)(c), entered into by a board of cooperative services or by the boards of education of the school districts participating in a cooperative service agreement. No board of education of a school district participating in a cooperative service agreement shall make any levy for its bond redemption fund, or use any moneys in its bond redemption fund, except in accordance with the provisions of section 22-45-103 (1)(b).

(3) The board of cooperative services, when authorized by a vote of the registered electors of all of the school districts participating in the agreement, may borrow any moneys available from the permanent school fund for purposes of purchasing sites and erecting buildings for use of the board of cooperative services. Repayment of such loans and interest thereon shall be by payments from the participating school districts on a proportion agreed upon by the boards of education of said participating school districts.

(4) Repealed.

Source: L. 65: p. 1029, § 10. C.R.S. 1963: § 123-34-10. L. 67: p. 793, § 2. L. 83: (2) amended, p. 743, § 1, effective June 1. L. 85: (2) amended, p. 733, § 4, effective May 31. L. 87: (1) and (3) amended, p. 305, § 22, effective July 1. L. 91: (1) amended, p. 899, § 39, effective June 5. L. 93: (1) amended, p. 1780, § 44, effective June 6. L. 2008: (2) amended, p. 1065, § 9, effective May 22. L. 2021: (4) added, (SB 21-268), ch. 222, p. 1176, § 16, effective June 11. L. 2022: (4) amended, (HB 22-1390), ch. 237, p. 1745, § 4, effective May 26.

Editor's note: Subsection (4)(c) provided for the repeal of subsection (4), effective July 1, 2023. (See L. 2022, p. 1745.)

Cross references: For the legislative declaration in HB 22-1390, see section 1 of chapter 237, Session Laws of Colorado 2022.

ANNOTATION

Boards of cooperative services do not have extraterritorial authority and therefore cannot locate schools in nonmember school districts without those districts' permission. Educ. ReEnvisioned BOCES v. Colo. Springs Sch. Dist. 11, 2022 COA 128M, 524 P.3d 324, aff'd, 2024 CO 29, 548 P.3d 669.

The plain language "any appropriate location, whether within or without a school district providing the money for the facilities" in subsection (2) means any location in the geographic bounds of a participating member school district, whether or not that school district is contributing to the cost of the facilities. Educ. ReEnvisioned BOCES v. Colo. Springs Sch. Dist. 11, 2022 COA 128M, 524 P.3d 324, aff'd, 2024 CO 29, 548 P.3d 669.