Colorado § 23-71-207 - Colorado Northwestern community college - approval of plan - date of entry into system - continuation of mill levy.

§ 23-71-207. Colorado Northwestern community college - approval of plan - date of entry into system - continuation of mill levy.

(1) (a) The general assembly hereby approves the plan submitted by Colorado Northwestern community college pursuant to section 23-71-203, referred to in this section as the "plan". Contingent upon approval of the plan at the November 1998 general election and enactment of an appropriation of general fund moneys to the board for allocation to Colorado Northwestern community college, whether in an annual general appropriations bill or by supplemental appropriation, the general assembly approves the entry of Colorado Northwestern community college into the state system of community and technical colleges.

(b) (I) Notwithstanding the provisions of sections 23-71-202 (4) and 23-71-204 (4), the ballot question submitted to the voters of the Rangely junior college district for the approval of the plan at the 1998 general election shall be:

Shall Colorado Northwestern community college join the state system of community and technical colleges upon enactment of an appropriation to fund Colorado Northwestern community college as a part of the state system of community and technical colleges, and shall the Rangely junior college district continue to collect property taxes after the appropriation is enacted in the amount of five mills, until such time as the Rangely junior college district board and the voters of the Rangely junior college district approve an increase in the mill levy, for tuition, supplemental program funding, and capital construction purposes plus the mill levy required for the continuation of the debt service on outstanding general obligation bonds previously approved by voters, and shall all assets be transferred to the state board for community colleges and occupational education, and provision be made for meeting all liabilities as provided in the plan?

Yes ___ No ___.

(II) At the 1998 general election, the voters of the Moffat county affiliated junior college district shall decide the following question:

If the majority of the voters of the Rangely junior college district approve Colorado Northwestern community college joining the state system of community and technical colleges and an appropriation is enacted for such purpose, shall the Moffat county affiliated junior college district, as part of the area served by Colorado Northwestern community college pursuant to the plan, continue to collect property taxes through the 2008 property tax year in the amount of three mills, until such time as the Moffat county affiliated junior college district board and the voters of the Moffat county affiliated junior college district approve an increase in the mill levy, for tuition, supplemental program funding, and capital construction purposes?

Yes ___ No ___.

(2) (a) Notwithstanding the provisions of section 23-71-203 (1), if the plan is approved by a majority of the voters in the Rangely junior college district and if moneys are appropriated as provided in subsection (1) of this section, Colorado Northwestern community college shall enter the state system of community and technical colleges on the effective date of the appropriation. The Rangely junior college district shall continue as provided in subsection (3) of this section. If a majority of the voters of the Moffat county affiliated junior college district approve the measure set forth in subparagraph (II) of paragraph (b) of subsection (1) of this section, the Moffat county affiliated junior college district shall continue as provided in subsection (4) of this section.

(b) Upon entry into the state system of community and technical colleges:

(I) Colorado Northwestern community college shall be under the management and control of the board;

(II) The assets and liabilities of Colorado Northwestern community college shall be transferred to the board in accordance with the plan; and

(III) The educational facilities of Colorado Northwestern community college shall be immediately eligible for state controlled maintenance funds.

(3) (a) In the 1998 general election, voters of the Rangely junior college district approved a plan for Colorado Northwestern community college to join the state system for community colleges and occupational education, the collection of up to five mills of property taxes, and the indefinite continuation of Rangely junior college district with the following authority:

(I) The Rangely junior college district remains in existence but not as a local college district under this article 71;

(II) Notwithstanding any other provision of this part 2 to the contrary, the Rangely junior college district shall continue to collect property tax and specific ownership tax in the district. The Rangely junior college district in December, 1999, shall initially levy five mills for the purposes specified in subparagraph (III) of this paragraph (a) in addition to the mill levy required for debt service on outstanding general obligation bonds previously approved by voters;

(III) The Rangely junior college district shall use the revenues collected pursuant to this subsection (3), other than those collected for outstanding general obligation bonds previously approved, to:

(A) Assist residents of the Rangely junior college district who are enrolled at Colorado Northwestern community college in defraying increases in tuition that may result from entry into the state system of community and technical colleges;

(B) Provide supplemental funding to the state for the operating costs of current or future programs offered by Colorado Northwestern community college;

(C) Erect new or renovate existing facilities for Colorado Northwestern community college; and

(D) Provide capital funding for technology enhancement and supplemental equipment for Colorado Northwestern community college;

(IV) All assets and liabilities of the Rangely junior college district shall be transferred to the board; except that the outstanding general obligation bonds and associated debt service assets and liabilities of the Rangely junior college district in existence as of June 30, 1999, shall remain with such district and the Rangely junior college district shall administer the mill levy for the retirement of said bonds pursuant to section 23-71-204 (5);

(V) Notwithstanding section 23-71-122, the Rangely junior college district board of trustees has only the powers necessary to levy taxes and distribute the revenues generated therefrom in accordance with the purposes listed in subsection (3)(a)(III) of this section and the powers enumerated in section 23-71-122 (1)(b), (1)(d), (1)(h), (1)(k), (1)(m), (1)(n), and (1)(q);

(VI) The Rangely junior college district board of trustees shall not have employees;

(VII) Notwithstanding section 23-71-123, the Rangely junior college district board of trustees has only the duty to prepare and adopt a budget pursuant to part 1 of article 44 of title 22 and any additional duties enumerated in the plan;

(VIII) The Rangely junior college district board of trustees is authorized to execute any instrument necessary to convey title for the Rangely campus of Colorado Northwestern community college to the board; and

(IX) The Rangely junior college district board of trustees continues to consist of five members elected by voters in the Rangely junior college district who serve four-year staggered terms, with a limit of two consecutive terms. The board is subject to the requirements of the "Colorado Open Records Act", part 2 of article 72 of title 24, and the open meetings law, part 4 of article 6 of title 24.

(b) Upon the future dissolution of the Rangely junior college district, any assets remaining as of the date of dissolution shall be transferred to the board.

(4) (a) (I) In the 1998 general election, voters of the Moffat county affiliated junior college district approved a plan for Colorado Northwestern community college to join the state system for community colleges and occupational education, the collection of up to three mills of property taxes through the 2008 property tax year, and the dissolution of the Moffat county affiliated junior college district on January 1, 2009. In the 2006 general election, pursuant to subsection (5) of this section, voters of the Moffat county affiliated junior college district approved the collection of up to three mills of property taxes and the indefinite continuation of the Moffat county affiliated junior college district. The Moffat county affiliated junior college district shall use the tax money collected pursuant to this subsection (4)(a)(I) to:

(A) Assist residents of the Moffat county affiliated junior college district who are enrolled at Colorado Northwestern community college in defraying increases in tuition that may result from entry into the state system of community and technical colleges;

(B) Provide supplemental funding to the state for the operating costs of current or future programs offered by Colorado Northwestern community college;

(C) Erect new or renovate existing facilities for Colorado Northwestern community college;

(D) Provide capital funding for technology enhancement and supplemental equipment for Colorado Northwestern community college; and

(E) Provide for the operating costs of the facilities owned by the Moffat county affiliated junior college district.

(II) The Moffat county affiliated junior college district is not a local college district under this article 71 and the Moffat county affiliated junior college district board has only the powers necessary to levy taxes and distribute the revenues generated therefrom in accordance with the purposes listed in subsection (4)(a)(I) of this section.

(III) The Moffat county affiliated junior college district board shall not have employees.

(IV) All assets and liabilities of the Moffat county affiliated junior college district are transferred to the board except the revenues generated pursuant to subsection (4)(a)(I) of this section, those assets specified in the plan, and revenues generated from certain real estate owned by the Moffat county affiliated junior college district as of January 1, 2019.

(V) Repealed.

(VI) The Moffat county affiliated junior college district board had the authority to convey a certain parcel of land to the board for the Craig campus on January 11, 2010, and has the authority to execute any instrument necessary to quiet title to that parcel.

(VII) The Moffat county affiliated junior college district board has the authority to hold and sell land in its ownership as of January 1, 2009, so long as the sale of any land satisfies the following requirements:

(A) The sale is for at least a fair market value as determined by an independent appraiser; and

(B) Proceeds from the sale are used in accordance with subsection (4)(a)(I) of this section.

(VIII) The Moffat county affiliated junior college district board continues to consist of five members elected by voters in the Moffat county affiliated junior college district who serve four-year staggered terms, with a limit of two consecutive terms. The board is subject to the requirements of the "Colorado Open Records Act", part 2 of article 72 of title 24, and the open meetings law, part 4 of article 6 of title 24.

(b) Repealed.

(5) (a) At the 2006 general election, the voters of the Moffat county affiliated junior college district shall decide the following question:

Shall the Moffat county affiliated junior college district, as part of the area served by Colorado Northwestern community college, continue indefinitely to collect property taxes in the amount of up to three mills, until such time as the Moffat county affiliated junior college district board and the voters of the Moffat county affiliated junior college district approve an increase in the mill levy, for tuition, supplemental program funding, and capital construction purposes?

Yes ___ No ___.

(b) If the ballot question set forth in paragraph (a) of this subsection (5) is rejected by the voters at the 2006 general election, the Moffat county affiliated junior college district board may resubmit the ballot question set forth in paragraph (a) of this subsection (5) to the voters of the Moffat county affiliated junior college district in the 2007 general election. If the ballot question set forth in paragraph (a) of this subsection (5) is rejected by the voters at the 2006 or 2007 general election, the Moffat county affiliated junior college district board may resubmit the ballot question set forth in paragraph (a) of this subsection (5) to the voters of the Moffat county affiliated junior college district in the 2008 general election.

(c) If a majority of voters of the Moffat county affiliated junior college district approve the measure set forth in subsection (5)(a) of this section, then, notwithstanding subsection (4)(a)(I) of this section, the Moffat county affiliated junior college district shall not dissolve on January 1, 2009, but shall continue to exist and shall continue to collect property tax in the initial amount of three mills. The Moffat county affiliated junior college district shall use the property tax money collected pursuant to this subsection (5)(c) as provided in subsections (4)(a)(I)(A) to (4)(a)(I)(E) of this section.

(d) If a majority of the voters of the Moffat county affiliated junior college district approve the measure set forth in paragraph (a) of this subsection (5), the Moffat county affiliated junior college district board shall continue to exist subject to the restrictions specified in subparagraphs (II) and (III) of paragraph (a) of subsection (4) of this section.

(e) If a majority of the voters of the Moffat county affiliated junior college district do not approve the measure set forth in paragraph (a) of this subsection (5), then the Moffat county affiliated junior college district shall dissolve on January 1, 2009, as provided in subparagraphs (I) and (V) of paragraph (a) of subsection (4) of this section.

Source: L. 98: Entire section added, p. 897, § 1, effective May 26. L. 2006: (5) added, p. 162, § 1, effective March 31. L. 2020: IP(3)(a), (3)(a)(I), (3)(a)(III)(C), (3)(a)(V), (3)(a)(VI), (3)(a)(VII), IP(4)(a)(I), (4)(a)(I)(C), (4)(a)(II), (4)(a)(III), (4)(a)(IV), and (5)(c) amended, (3)(a)(VIII), (3)(a)(IX), (4)(a)(VI), (4)(a)(VII), and (4)(a)(VIII) added, and (4)(a)(V) and (4)(b) repealed, (HB 20-1067), ch. 47, p. 161, § 1, effective September 14.