Colorado § 30-20-512 - General powers of district.

§ 30-20-512. General powers of district.

(1) The district has the following limited powers:

(a) To have perpetual existence;

(b) To have and use a corporate seal;

(c) To sue and be sued, and be a party to suits, actions, and proceedings;

(d) Except as otherwise provided in this part 5, to enter into contracts and agreements affecting the affairs of the district, including contracts with the United States and any of its agencies or instrumentalities. A notice shall be published for bids on all construction contracts for work or material, or both, involving an expense of one thousand dollars or more. The district may reject any and all bids, and if it appears that the district can perform the work or secure material for less than the lowest bid, it may proceed so to do.

(e) To borrow money and incur general obligation indebtedness and evidence the same by bonds, certificates, warrants, notes, and debentures in accordance with the provisions of this part 5 and to issue revenue bonds or special assessment bonds in accordance with the provisions of this part 5;

(f) To acquire, construct, install, operate, and maintain the improvements or provide the services contemplated by this part 5, including improvements located outside the boundaries of the district, and all property, rights, or interest incidental or appurtenant thereto, and to dispose of real and personal property and any interest therein, including leases and easements in connection therewith; but any improvement or service, other than described in the organization petition, shall be first approved by either a petition signed by not less than fifty percent of the taxpaying electors in the district or by election;

(g) To refund any general obligation indebtedness, revenue bonds, or special assessment bonds of the district without an election; otherwise, the terms and conditions of refunding bonds shall be substantially the same as those of an original issue of bonds of the district;

(h) To have the management, control, and supervision of all the business and affairs of the district and of the acquisition, construction, installation, operation, and maintenance of district improvements or the provision of services;

(i) To have and exercise the power of eminent domain in the same manner provided by law for the condemnation of private property for public use, to take any property necessary to the exercise of the powers granted in this part 5;

(j) To construct and install improvements across or along any public street, alley, or highway, and to construct works across any stream of water or watercourses. However, the district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as completely or unnecessarily to impair the usefulness thereof. The use and occupation of streets, alleys, and highways, and the construction or installation of improvements by any district, shall be in accordance with the provisions of all applicable county resolutions and with such reasonable rules and regulations as may be prescribed by the governing body of the county.

(k) To fix, and from time to time to increase or decrease, rates, tolls, or charges for any revenue-producing services or facilities furnished by the district, and to pledge such revenue for the payment of any indebtedness of the district. Until paid, all rates, tolls, or charges shall constitute a perpetual lien on and against the property served, and any such lien may be foreclosed in the same manner as provided by the laws of the state of Colorado for the foreclosure of mechanics' liens. With respect to revenue-producing services or facilities, the board shall shut off or discontinue service for delinquencies in the payment of such rates, tolls, or charges, or for delinquencies in the payment of taxes levied pursuant to this part 5, and shall prescribe and enforce rules and regulations for connecting with and disconnecting from such services and facilities.

(l) To adopt and amend bylaws, not in conflict with the constitution and laws of the state or with the resolution of the county affected, for carrying on the business, objects, and affairs of the board and of the district;

(m) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted in this part 5. Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes and intent of this part 5.

(n) In a district providing fire protection services:

(I) To create and maintain a firefighters' pension fund, under the provisions of parts 2 and 4 of article 30.5 of title 31, C.R.S., subject to the provisions of article 31 of said title, and a volunteer firefighter pension fund under part 11 of article 30 of title 31, C.R.S.; and

(II) To adopt and enforce fire codes, as the board deems necessary, but no such code shall apply within any municipality or the unincorporated portion of any county unless the governing body of the municipality or county, as the case may be, adopts a resolution stating that the code or specific portions thereof shall be applicable within the portion of the municipality or the county that is within the district's boundaries; except that nothing in this subsection (1)(n) shall be construed to affect any existing fire codes that have been adopted by the governing body of a municipality or county. Notwithstanding any other provision of this section, no district providing fire protection service shall prohibit the sale of permissible fireworks, as defined in section 24-33.5-2001 (11), within its jurisdiction.

(o) To conduct an election in accordance with articles 1 to 13 of title 1, C.R.S., for any purpose the board deems necessary or required.

(2) A district has the power to construct, maintain, and operate safety measures that are necessary to allow the county to restrict the sounding of locomotive horns at highway-rail grade crossings in compliance with 49 U.S.C. sec. 20153, as amended, and the applicable rules of the federal railroad administration. The district shall construct, maintain, and operate the safety measures in accordance with the provisions of section 40-4-106, C.R.S., and the standards of safety prescribed by the public utilities commission pursuant to section 40-29-110, C.R.S.

Source: L. 68: p. 165, § 12. C.R.S. 1963: § 36-25-12. L. 81: (1)(f) amended, p. 1459, § 4, effective July 1. L. 90: (1)(n) added, p. 1459, § 2, effective March 22. L. 95: (1)(n)(I) amended, p. 1380, § 4, effective June 30. L. 96: (1)(n)(II) amended, p. 283, § 2, effective April 11; (1)(n)(I) amended, p. 941, § 4, effective May 23. L. 99: (1)(e), (1)(f), (1)(g), and (1)(h) amended and (1)(o) added, p. 510, § 7, effective April 30. L. 2006: (2) added, p. 347, § 1, effective August 7. L. 2017: (1)(n)(II) amended, (SB 17-222), ch. 245, p. 1028, § 6, effective August 9.

Cross references: (1) For the power of eminent domain, see article 1 of title 38; for foreclosure of mechanics' liens, see article 22 of title 38.

(2) For the legislative declaration contained in the 1995 act amending this section, see section 1 of chapter 254, Session Laws of Colorado 1995.