Colorado § 30-25-202 - Capital expenditures fund - tax levy - purposes.

§ 30-25-202. Capital expenditures fund - tax levy - purposes.

(1) For the purpose of providing and accumulating moneys for capital expenditures, the board of county commissioners of each county is authorized to create, by resolution, a capital expenditures fund which shall be used solely for capital expenditures. Moneys from any source may be credited to such fund unless otherwise provided by law; except that no moneys dedicated to the payment of general obligation bonds shall be credited to such fund and except that no moneys restricted to county road and bridge funds pursuant to sections 43-2-202 and 43-2-203, C.R.S., and no moneys required to be expended from such funds pursuant to such sections shall be credited to or expended from a capital expenditures fund. Moneys credited to a capital expenditures fund shall not revert to or be transferred to any other fund.

(2) For the purposes of this section, "capital expenditure" means an expenditure made by a county for long-term additions or betterments, which expenditure, under generally accepted accounting principles, is not properly chargeable as an expense of operation and maintenance. The term includes, but is not limited to, expenditures for the acquisition, development, construction, and renovation of capital facilities, capital projects, and capital equipment.

(3) In any year, in the course of the preparation and adoption of the county budget pursuant to part 1 of article 1 of title 29, C.R.S., the board of county commissioners may levy a property tax on all taxable real and personal property in the county for the purpose of raising revenue for capital expenditures. Moneys raised from such tax shall be credited to the capital expenditures fund. Nothing in this section shall be construed as preventing the use of any other moneys which are not contained in the capital expenditures fund from being used for capital expenditures. Nothing in this section shall be construed to violate or to exceed the revenue limitation of part 3 of article 1 of title 29, C.R.S.

(4) Any county which has any moneys in a public works fund on April 3, 1984, shall establish a capital expenditures fund, shall transfer all moneys in its public works fund to its capital expenditures fund, and shall make appropriations out of such capital expenditures fund to fund projects which otherwise would have been funded from such public works fund.

Source: L. 51: p. 295, § 5. CSA: C. 45, § 7(4). CRS 53: § 36-3-3. C.R.S. 1963: § 36-3-2. L. 69: p. 229, § 1. L. 70: p. 135, § 1. L. 73: p. 466, § 2. L. 84: Entire section R&RE, p. 821, § 1, effective April 5.

Cross references: For the issuance of bonds to secure the cost for public buildings, roads, bridges, etc., see part 3 of article 26 of this title.

ANNOTATION

Funds can be spent on vacant land as a necessary and implied incident of that general power as conferred in this section. Peroulis v. Bd. of County Comm'rs, 665 P.2d 134 (Colo. App. 1982).