C.R.S. § 23-71-101 Short title
23-71-101. Short title. This part 1 shall be known and may be cited as the "Local District College Organization Act".
Local District Colleges
C.R.S. tit. 23, art. 71
in effectC.R.S. § 23-71-102 Definitions
23-71-102. Definitions. As used in this article 71, unless the context otherwise requires:
(1) (a) "Local district college" means an educational institution that provides not more than two years of training in the arts, sciences, and humanities beyond the twelfth grade of the public high school curriculum or career and technical education and that conducts occupational, technical, and community service programs, with no term limitations, and general education, including college transfer programs, with unrestricted admissions.
(b) Notwithstanding the provisions of subsection (1)(a) of this section:
(I) Colorado mountain college is a dual mission institution, operating as a local district college and offering a limited number of baccalaureate degree programs, as its board of trustees determines appropriate to address the needs of the communities within its service area and as are approved by the Colorado commission on higher education. Colorado mountain college may also offer bachelor of applied science degree programs that are approved by the board of trustees pursuant to section 23-71-134.
(II) Aims community college, in addition to its mission as a local district college, may also offer, as its board of trustees determines appropriate to address the needs of the communities within its service area:
(A) Bachelor of applied science degree programs that are approved by the board of trustees pursuant to section 23-71-134; and
(B) Bachelor of science degree in nursing programs, as a completion degree to students who have or are pursuing an associate degree in nursing or a practical nursing certificate, that are approved by the Colorado commission on higher education pursuant to section 23-1-133 (2).
C.R.S. § 23-71-102.5 Local district college - local college district - change in terms - authority of revisor
23-71-102.5. Local district college - local college district - change in terms - authority of revisor. (1) The revisor of statutes is authorized to change all references to "local junior college" or "junior college" that appear in the Colorado Revised Statutes to "local district college".
(2) The revisor of statutes is authorized to change all references to "local junior college district" and "junior college district" that appear in the Colorado Revised Statutes to "local college district".
C.R.S. § 23-71-103 Districts organized - when
23-71-103. Districts organized - when. Local college districts in Colorado may be organized in an area approved for organization by the state board for community colleges and occupational education. The area to be approved for organization shall also have a twelfth-grade school population, as determined by the immediately preceding school census, of four hundred or more and a valuation for assessment at the time of organization of such district of sixty million dollars or more. A district may be entirely within one county or partly in two or more counties. Any existing school districts shall be entirely included or entirely excluded.
C.R.S. § 23-71-104 Petition of electors
23-71-104. Petition of electors. A local college district may be formed upon the petition of five hundred eligible electors residing in the area of the proposed district and having the qualifications prescribed in section 23-71-107. If the petition is for the formation of a local college district consisting of an area within a single county, it must be filed with the county clerk and recorder of the county, and, if the petition is for the formation of a local college district situated in two or more counties, the petition must be filed with the secretary of state. Each petition must specify whether the first board of trustees consists of five, seven, nine, or eleven elected members following a successful election to organize the local college district.
C.R.S. § 23-71-105 Election to organize
23-71-105. Election to organize. Upon receipt of the petition provided in section 23-71-104, the county clerk and recorder or, in the event the proposed district is situated in two or more counties, the secretary of state shall review the petition to determine whether it contains the number of signatures required for an organizational election. In the event that the petition contains the requisite number of signatures, the county clerk and recorder or secretary of state shall give notice to the school electors residing in the area of the proposed district that at the next regular biennial school election, or at a special election which is requested in the petition, the question of organizing a local college district will be submitted to the eligible electors of the respective school districts located in the area of the proposed local college district.
C.R.S. § 23-71-106 Notice to be given - when
23-71-106. Notice to be given - when. (Repealed)
C.R.S. § 23-71-107 Qualifications of voters - conduct of elections
23-71-107. Qualifications of voters - conduct of elections. (1) An eligible elector is an elector who has complied with the registration provisions of article 2 of title 1, C.R.S., and who resides within the jurisdiction of the proposed local college district. All elections authorized under this article shall be conducted pursuant to articles 1 to 13 of title 1, C.R.S. The county clerk and recorder in each county in which a part of the district is located shall be the designated election official for an organizational election. Thereafter the designated election official shall be the secretary of the board, unless otherwise provided by the board.
(2) (Deleted by amendment, L. 92, p. 849, § 52, effective January 1, 1993.)
C.R.S. § 23-71-108 Certification of returns
23-71-108. Certification of returns. (Repealed)
C.R.S. § 23-71-109 Record of votes
23-71-109. Record of votes. (1) If the proposed local college district is situated entirely within one county and a majority of the votes cast on the question of organizing a local college district are in favor of the organization, the district shall be formed in accordance with the provisions of this part 1.
(2) If the proposed local college district is situated in two or more counties, the respective county clerk and recorders, within ten days after the election, shall determine the results from the counties and shall certify the results to the secretary of state who shall survey the results. If a majority of all votes cast in the proposed district are in favor of the organization, the district shall be formed in accordance with the provisions of this part 1.
(3) If it appears that one-half or more of the votes cast are not in favor of the organization, the district shall not be organized; but the provisions of this section shall not be construed to prevent the filing of a subsequent petition for the formation of a similar local college district.
C.R.S. § 23-71-110 Election of board - members and terms
23-71-110. Election of board - members and terms. (1) Each public local college district established under the provisions of this part 1 must have a board of control, known as the board of trustees, consisting of five, seven, nine, or eleven members elected at public elections for staggered terms of four years each. The first board of trustees is elected in the manner provided in section 23-71-111. Thereafter, regular elections of board members are held in accordance with subsection (2) of this section.
(2) The regular election of the members of a board of trustees shall be held on the first Tuesday after the first Monday in November in odd-numbered years, as provided by law for regular biennial school elections in school districts. Special elections shall be held on the first Tuesday after the first Monday in February, May, September, or December.
(3) The board of trustees of each local college district shall determine whether the board of trustees consists of five, seven, nine, or eleven members. A board of trustees may increase the number of board members only as provided in subsection (8) of this section. The board of trustees of each local college district shall determine the number of vacancies existing and the length of term of each vacancy for the next and subsequent regular elections for board members. Except for the election of members who were appointed pursuant to subsection (8) of this section and section 23-71-121, the board of trustees shall ensure that there are no more than three vacancies at any regular election for a five-member board, no more than four vacancies at any regular election for a seven-member board, no more than five vacancies at any regular election for a nine-member board, and no more than six vacancies at any regular election for an eleven-member board and that each board member has a term of four years.
(4) A board of trustees may establish board member districts for its local college district if it determines that board member districts are in the best interests of the local college district. The board member districts must be established on the basis of nearly equal population or on the basis of geography and population if the local college district consists of more than one county. A nine-member board of trustees with board member districts may designate one or two of its board member districts as at-large districts that include the entire area of the local college district. An eleven-member board of trustees with board member districts may designate up to three of its board member districts as at-large districts that include the entire area of the local college district.
(5) Members of a board of trustees shall be elected at the regular biennial school election of school districts within the local college district. Any person desiring to be a candidate for the office of trustee shall file a petition for nomination pursuant to section 1-4-803 and part 9 of article 4 of title 1, C.R.S. The election shall be conducted pursuant to the provisions of articles 1 to 13 of title 1, C.R.S. The secretary of the board of trustees shall be the designated election official responsible for the election.
(6) (Deleted by amendment, L. 92, p. 851, § 55, effective January 1, 1993.)
(7) The cost of the election of members of the board of trustees as provided in this section shall be paid by the local college district in which the elections are conducted, or, in the event of a coordinated election, the costs shall be allocated pursuant to sections 1-5-506 and 1-5-507, C.R.S.
onsible for the election.
(6) (Deleted by amendment, L. 92, p. 851, § 55, effective January 1, 1993.)
(7) The cost of the election of members of the board of trustees as provided in this section shall be paid by the local college district in which the elections are conducted, or, in the event of a coordinated election, the costs shall be allocated pursuant to sections 1-5-506 and 1-5-507, C.R.S.
(8) A local college district that has a five-member board of trustees may increase the board membership to seven members at any time by the appointment of two new members. A local college district that has a seven-member board of trustees may increase the board members to nine or eleven members by the appointment of new members. A local college district that has a nine-member board of trustees may increase the board membership to eleven members at any time by the appointment of two new members.
C.R.S. § 23-71-111 Election of first board - new district
23-71-111. Election of first board - new district. (1) In all local college districts organized under the provisions of this part 1 or other applicable statutes on or after July 1, 1984, the first board of trustees must be elected in the following manner:
(a) An election for members of the first board shall be called within sixty days of the successful election to organize the local college district.
(b) At the election, a board consisting of the number of persons specified in the organization petition must be elected so that the first board members serve staggered terms and thereafter their successors in office serve staggered terms of four years.
(c) The county clerk and recorder of each county included in the new local college district shall call and conduct such election in the manner provided in section 23-71-107.
(d) The costs of the election of board members as provided in this section shall be paid by the local college district in which the elections are conducted.
C.R.S. § 23-71-112 Precincts and polling places
23-71-112. Precincts and polling places. (Repealed)
C.R.S. § 23-71-113 Judges
23-71-113. Judges. (Repealed)
C.R.S. § 23-71-114 Candidates for board of trustees
23-71-114. Candidates for board of trustees. Any person who desires to be a candidate for the local district college board of trustees and who is an eligible elector in the local college district shall file a petition for nomination pursuant to section 1-4-803 and part 9 of article 4 of title 1, C.R.S.
C.R.S. § 23-71-115 Notice of election
23-71-115. Notice of election. (Repealed)
C.R.S. § 23-71-116 Ballots, ballot boxes, voting machines, and electronic voting equipment
23-71-116. Ballots, ballot boxes, voting machines, and electronic voting equipment. (Repealed)
C.R.S. § 23-71-117 Qualification of voters
23-71-117. Qualification of voters. (Repealed)
C.R.S. § 23-71-118 Officers
23-71-118. Officers. Within sixty days after the close of polls in an election of any local district college board of trustees, the board shall meet and select from among its members a president, a secretary, and a treasurer, who shall serve until the first meeting of the board following the next election for members of the board.
C.R.S. § 23-71-119 Regular meetings
23-71-119. Regular meetings. (1) The local district college board of trustees shall hold regular meetings as the board decides; except that the board shall hold no fewer than four regular meetings each year. The board may hold additional or special meetings upon call of the president or a majority of the board. The secretary of the board shall notify the members of all meetings. The board shall hold all special and regular meetings of the board at locations that are within the boundaries of the district or that are within the boundaries of a county in which the district is located, in whole or in part, or in any county so long as the meeting location is not farther than twenty miles from the district boundaries. The board may waive the provisions of this section governing the location of meetings only if the proposed change of location of a meeting of the board appears on the agenda of a regular or special meeting of the board and if the board adopts a resolution stating the reason for which a meeting of the board is to be held in a location other than under the provisions of this section and further stating the date, time, and place of the meeting.
(2) (a) The board of trustees of Colorado mountain college, without holding a meeting, may take an action that is otherwise required or permitted to be taken at a board meeting if:
(I) The secretary of the board transmits in writing to each member of the board notice of the proposed action to be taken without a meeting;
(II) A board member does not demand in writing that the action described in the notice be discussed in a regular or special board meeting;
(III) After the board receives notice of the proposed action, the board secretary provides full and timely notice of the proposed action to the public by posting notice of the proposed action in the designated public place for posting notice of meetings described in section 24-6-402 (2)(c), C.R.S., and a member of the public does not request that the proposed action be discussed in a regular or special board meeting; and
(IV) Every member of the board, by the date stated in the notice, delivers a written vote in favor of taking the action.
(b) The notice required by this subsection (2) must, at a minimum, state:
(I) The action to be taken;
(II) The date by which each board member must respond; and
(III) That failure to respond by the date stated in the notice has the same effect as voting against the action stated in the notice.
(c) The board of trustees of Colorado mountain college may take an action without a meeting as provided in this subsection (2) only if, by the date stated in the notice transmitted pursuant to this subsection (2), the board president receives an affirmative vote in favor of the action in writing from each member of the board and does not receive a written demand by a board member that the action not be taken without a meeting. Unless the notice transmitted pursuant to this subsection (2) states a different effective date, an action taken pursuant to this subsection (2) is effective on the date for response stated in the notice transmitted pursuant to this subsection (2).
(d) A writing by a board member under this subsection (2) must, at a minimum, specify the identity of the board member; the vote, abstention, demand, or revocation of the board member; and the proposed action to which the vote, abstention, demand, or revocation relates. Unless otherwise provided by an action of the board, all communications under this subsection (2) may be transmitted or received by electronically transmitted facsimile, electronic mail, or other form of wire or wireless communication. For purposes of this subsection (2), communications are not effective until received.
proposed action to which the vote, abstention, demand, or revocation relates. Unless otherwise provided by an action of the board, all communications under this subsection (2) may be transmitted or received by electronically transmitted facsimile, electronic mail, or other form of wire or wireless communication. For purposes of this subsection (2), communications are not effective until received.
(e) An action taken pursuant to this subsection (2) has the same effect as an action taken at a regular or special meeting of the board and may be described as such in any document. Electronic mail or other written communications used to provide notice or to discuss the proposed action are subject to the open meeting requirements specified in part 4 of article 6 of title 24, C.R.S.
(f) The board secretary shall ensure that all writings made pursuant to this section are filed with the minutes of the board meetings.
(g) In addition to the list described in section 24-6-402 (7), C.R.S., the board secretary shall maintain a list of persons who ask for notice of a proposed action to be taken pursuant to this subsection (2). The board secretary shall notify each person on the list of a proposed action and shall specify in the notice that a member of the public may request that the board discuss the proposed action in a regular or special board meeting.
C.R.S. § 23-71-120 District - body corporate
23-71-120. District - body corporate. Each regularly organized local college district which may be formed as provided in this part 1 is declared to be a body corporate, by the name and style of ".............. Local College District", and in that name may hold property and be a party to suits and contracts, the same as municipal corporations in this state.
C.R.S. § 23-71-120.5 Recall of board members
23-71-120.5. Recall of board members. (1) Any board member may be recalled from office at any time. Any recall shall be initiated and conducted pursuant to part 1 of article 12 of title 1, C.R.S.
(a) to (d) (Deleted by amendment, L. 92, p. 855, § 63, effective January 1, 1993.)
(2) to (4) (Deleted by amendment, L. 92, p. 855, § 63, effective January 1, 1993.)
C.R.S. § 23-71-121 Vacancies
23-71-121. Vacancies. (1) An office of a board member shall be deemed vacant if the person who was duly elected or appointed to the board:
(a) Does not attend three consecutive regular meetings of the board, unless such absence is excused by the board;
(b) Submits a written resignation to the board and such resignation is duly accepted by the board;
(c) Becomes a nonresident of the local college district or board member district from which he was elected; or
(d) Dies during his term of office.
(2) At the next meeting of the board immediately following the occurrence of a vacancy, the board shall adopt a resolution declaring a vacancy in said office and shall appoint a person to fill the vacancy within sixty days after said vacancy has occurred. If the appointment is not made by the board within such sixty-day period, the president of the board shall forthwith appoint a person to fill the vacancy. The appointment shall be evidenced by an appropriate entry in the minutes of the meeting, and the board shall cause a certificate of appointment to be delivered to the person so appointed.
(3) If the vacancy occurs more than ninety days prior to the next regular biennial local district college election and the unexpired term is for more than two years, an appointee to the board shall serve until the next regular biennial local district college election and until the successor for the remainder of the term is elected and has qualified. If the vacancy occurs within the ninety-day period prior to a regular biennial local district college election and the unexpired term is for more than two years, an appointee to an office of the board shall serve until the next succeeding regular biennial local district college election at which a candidate for the board may lawfully be nominated pursuant to section 1-4-803 and part 9 of article 4 of title 1, C.R.S., and until a successor has been elected and has qualified. Except as otherwise provided in this subsection (3), an appointee to an office of the board shall serve the remainder of the unexpired term.
C.R.S. § 23-71-122 Local college district board of trustees - specific powers - rules - definitions
23-71-122. Local college district board of trustees - specific powers - rules - definitions. (1) In addition to any other power granted by law to a board of trustees of a local college district, each board has the power to:
(a) Take and hold in the name of the district so much real and personal property as may be reasonably necessary for any purpose authorized by law;
(b) Sue and be sued and be a party to contracts for any purpose authorized by law;
(c) Purchase real property on such terms, including but not limited to installment purchase plans, as the board sees fit or lease or rent real property on such terms as the board sees fit for any school sites, buildings, or structures or for any school purpose authorized by law; determine the location of each school site, building, or structure; and construct, erect, repair, alter, and remodel buildings and structures;
(d) Sell and convey district property for any purpose authorized by law, upon such terms and conditions as it may approve; and lease any such property, pending sale thereof, under an agreement of lease, with or without an option to purchase the same;
(e) Rent or lease district property and permit the use of district property by community organizations upon such terms and conditions as it may approve;
(f) Employ a chief executive officer to administer the affairs and the programs of the district, pursuant to a contract;
(g) Procure group life, health, or accident insurance covering employees of the district pursuant to section 10-7-203, C.R.S.;
(h) Provide for the necessary expenses of the board in the exercise of its powers and the performance of its duties and reimburse a board member for necessary expenses incurred by him in the performance of his official duties, whether within or without the territorial limits of the district;
(i) Procure such insurance coverage on the building, structures, and equipment owned by the district, or in which the district has an insurable interest, as, in the judgment of the board, may be adequate from time to time;
(j) Procure such casualty insurance coverage on the personal property owned by the district, or in which the district has an insurable interest, as may, in the judgment of the board, be adequate from time to time;
(k) Procure public liability insurance covering the district and the directors and employees thereof;
(l) Procure liability and property damage insurance on buses or motor vehicles owned or rented by the district and accident insurance covering the medical expenses incurred by any pupil who is injured while being furnished transportation by the district, including injury received in the course of entering or alighting from any school bus or other means of transportation furnished by the district;
(m) Elect to have moneys belonging to the district withdrawn from the custody of the county treasurer and paid over to the treasurer of the board in the manner provided by law;
(n) Accept gifts, donations, or grants of any kind made to the district and expend or use said gifts, donations, or grants in accordance with the conditions prescribed by the donor; but no gift, donation, or grant shall be accepted by the board if subject to any condition contrary to law;
(o) Authorize the use of facsimile signatures on teacher contracts, bonds, and bond coupons by appropriate resolution;
(p) Take and hold, under the provisions of any law in effect providing for the exercise of the rights of eminent domain, so much real estate as may be necessary for the location and construction of a local district college building and for the convenient use of said local district college;
ize the use of facsimile signatures on teacher contracts, bonds, and bond coupons by appropriate resolution;
(p) Take and hold, under the provisions of any law in effect providing for the exercise of the rights of eminent domain, so much real estate as may be necessary for the location and construction of a local district college building and for the convenient use of said local district college;
(q) Contract with another local college district or public school district or with the governing body of a state college or university, with the tribal corporation of any Indian tribe or nation, with any federal agency or officer or any county, city, or city and county, or with any natural person, body corporate, or association for the performance of any service, activity, or undertaking which any school may be authorized by law to perform or undertake. Such contract shall set forth fully the purposes, powers, rights, obligations, and responsibilities, financial or otherwise, of the parties so contracting and shall provide that the service, activity, or undertaking be of comparable quality and meet the same requirements and standards as would be necessary if performed by the school district. A contract executed pursuant to this paragraph (q) may include, among other things, the purchase or renting of necessary building facilities, equipment, supplies, and employee services.
(r) Issue general obligation bonds, refund the same, and provide for the payment thereof by taxation for the purposes, to the extent, and in the manner provided by parts 5 and 6 of this article and pledge the revenues of the district as additional security for the payment of general obligation bonds. Each local college district also has the power to issue general obligation refunding bonds to refund revenue bonds or to refund other revenue securities upon the approval of a majority of the eligible electors voting at an election called and held in the manner provided by part 5 of this article for elections on school building bonds.
(s) Cooperate with the state board for community colleges and occupational education in carrying out the provisions of the national and state vocational education and rehabilitation acts, or amendments thereto, or any such acts providing for vocational education or vocational rehabilitation of individuals with disabilities;
(t) Enter into a contract for administrative services with a term not to exceed five years, for capital outlay purposes in accordance with paragraph (c) of this subsection (1) and parts 5, 6, and 7 of this article, or for the purchase of real property pursuant to paragraph (c) of this subsection (1). Any such contract shall be valid and enforceable between the parties to the contract.
(u) Adopt written policies, rules, and regulations, not inconsistent with law, which may relate to study, discipline, conduct, safety, and welfare of all students, or any classification of students, enrolled in the local district college and adopt written procedures not inconsistent with this article for the expulsion of or denial of admission to a student, which procedures shall afford due process to students and school personnel;
and regulations, not inconsistent with law, which may relate to study, discipline, conduct, safety, and welfare of all students, or any classification of students, enrolled in the local district college and adopt written procedures not inconsistent with this article for the expulsion of or denial of admission to a student, which procedures shall afford due process to students and school personnel;
(v) (I) Determine the location of each school site, building, or structure and construct, erect, repair, alter, rebuild, replace, and remodel buildings and structures without a permit or fee or compliance with a local building code. The authority delegated by this subparagraph (I) shall exist notwithstanding any authority delegated to or vested in any county, town, city, or city and county. Prior to the acquisition of land for school building sites or the construction of buildings thereon, the board of trustees of a local college district shall consult with the planning commission that has jurisdiction over the territory in which the site, building, or structure is proposed to be located, on issues related to the location of the site, building, or structure in order to ensure that the proposed site, building, or structure conforms to the adopted plan of the community insofar as is feasible. All buildings and structures shall be constructed in conformity with the building and fire codes adopted by the director of the division of fire prevention and control, referred to in this section as the "division", in the department of public safety. The board shall notify the planning commission that has jurisdiction over the territory in which a site, building, or structure is proposed to be located, in writing, of the location of the site, building, or structure before awarding a contract for the purchase or the construction thereof.
(II) (A) This paragraph (v) shall apply to building or structure construction. Except as specified in sub-subparagraph (A.5) of this subparagraph (II), the division shall conduct the necessary plan reviews, issue building permits, cause the necessary inspections to be performed, perform all final inspections, and issue certificates of occupancy to assure that a building or structure constructed pursuant to subparagraph (I) of this paragraph (v) has been constructed in conformity with the building and fire codes adopted by the director of the division. Pursuant to this sub-subparagraph (A), the division may contract with third-party inspectors that are certified by the division in accordance with section 24-33.5-1213.5, C.R.S., to perform inspections. The local college district may hire and compensate third-party inspectors under contract with the division to perform inspections or hire and compensate other third-party inspectors that are certified in accordance with section 24-33.5-1213.5, C.R.S., to perform inspections. If the local college district is unable to obtain a third-party inspector and no building department has been prequalified, the division shall perform the required inspections. If a third-party inspector is used, the director of the division shall require a sufficient number of inspection reports to be submitted to the division based upon the scope of the project to ensure quality inspections are performed. The third-party inspector shall attest that inspections are complete before the local college district is issued a certificate of occupancy unless the criteria for a temporary certificate of occupancy are met. Inspection records shall be retained by the third-party inspector for two years after the certificate of occupancy is issued. If the division finds that inspections are not completed satisfactorily, as determined by rule of the division, or that all violations are not corrected, the division shall take enforcement action against the local college district pursuant to section 24-33.5-1213, C.R.S
t. Inspection records shall be retained by the third-party inspector for two years after the certificate of occupancy is issued. If the division finds that inspections are not completed satisfactorily, as determined by rule of the division, or that all violations are not corrected, the division shall take enforcement action against the local college district pursuant to section 24-33.5-1213, C.R.S. If inspections are not complete and a building requires immediate occupancy, and if the local college district has passed the appropriate inspections that indicate there are no life safety issues, the division may issue a temporary certificate of occupancy. The temporary certificate of occupancy shall expire ninety days after the date of occupancy. If no renewal of the temporary certificate of occupancy is issued or a permanent certificate of occupancy is not issued, the building shall be vacated upon expiration of the temporary certificate. The division shall enforce this sub-subparagraph (A) pursuant to section 24-33.5-1213, C.R.S.
(A.5) Pursuant to a memorandum of understanding between the appropriate building department and the division, the division may prequalify an appropriate building department to conduct the necessary plan reviews, issue building permits, conduct inspections, issue certificates of occupancy, and issue temporary certificates of occupancy pursuant to sub-subparagraph (A) of this subparagraph (II), to ensure that a building or structure has been constructed in conformity with the building and fire codes adopted by the director of the division, and to take enforcement action. Nothing in the memorandum of understanding shall be construed to allow the building department to take enforcement action other than in relation to the building and fire codes adopted by the division. An appropriate building department shall meet certification requirements established by the division pursuant to section 24-33.5-1213.5, C.R.S., prior to the prequalification. An affected local college district may, at its own discretion, opt to use a prequalified building department that has entered into a memorandum of understanding with the division as the delegated authority. If a building department conducts an inspection, the building department shall retain the inspection records for two years after the final certificate of occupancy is issued. The fees charged by the department shall cover actual, reasonable, and necessary costs. For purposes of this section, "appropriate building department" means the building department of a county, town, city, or city and county and includes a building department within a fire department.
(B) The division shall cause copies of the building plans to be sent to the appropriate fire department for review of fire safety issues. The fire department shall review the building plans, determine whether the building or structure is in compliance with the fire code adopted by the director of the division, and respond to the division within twenty business days; except that the fire department may request an extension of this time from the director of the division on the basis of the complexity of the building plans.
(C) If the fire department declines to perform the plan review or any subsequent inspection, or if no certified fire inspector is available, the division shall perform the plan review or inspection. As used in this section, "certified fire inspector" has the same meaning as set forth in section 24-33.5-1202 (2.5), C.R.S.
(D) If the building or structure is in conformity with the building and fire codes adopted by the director of the division and if the fire department or the division certifies that the building or structure is in compliance with the fire code adopted by the director of the division, the division or the appropriate building department shall issue the necessary certificate of occupancy prior to use of the building or structure by the local college district.
building and fire codes adopted by the director of the division and if the fire department or the division certifies that the building or structure is in compliance with the fire code adopted by the director of the division, the division or the appropriate building department shall issue the necessary certificate of occupancy prior to use of the building or structure by the local college district.
(E) If the division authorizes building code inspections by a third-party inspector pursuant to sub-subparagraph (A) of this subparagraph (II) or authorizes building code plan reviews and inspections by an appropriate building department pursuant to sub-subparagraph (A.5) of this subparagraph (II), the plan reviews and inspections shall be in lieu of any plan reviews and inspections made by the division; except that this subparagraph (II) shall not be construed to relieve the division of the responsibility to ensure that the plan reviews and inspections are conducted if the third-party inspector or appropriate building department does not conduct the plan reviews and inspections. Nothing in this paragraph (v) shall be construed to require a county, town, city, city and county, or fire department to conduct building code plan reviews and inspections.
(III) If the division conducts the necessary plan reviews and causes the necessary inspections to be performed to determine that a building or structure constructed pursuant to subparagraph (I) of this paragraph (v) has been constructed in conformity with the building and fire codes adopted by the director of the division, the division shall charge fees as established by rule of the director of the division. Such fees shall cover the actual, reasonable, and necessary expenses of the division. Fees collected by the division pursuant to this subparagraph (III) shall be transmitted to the state treasurer, who shall credit the same to the public school construction and inspection cash fund created pursuant to section 24-33.5-1207.7, C.R.S. The director of the division, by rule or as otherwise provided by law, may increase or reduce the amount of the fees as necessary to cover actual, reasonable, and necessary costs of the division. The rules authorized by this paragraph (v) shall be promulgated in accordance with article 4 of title 24, C.R.S.
(IV) Any moneys remaining as of December 31, 2009, in the public safety inspection fund created in section 8-1-151, C.R.S., from fees collected by the division of oil and public safety in the department of labor and employment pursuant to subparagraph (III) of this paragraph (v) as it existed prior to January 1, 2010, shall be transferred to the public school construction and inspection cash fund created in section 24-33.5-1207.7, C.R.S.
(V) The inspecting entity shall cooperate with the affected board of trustees of a local college district in carrying out the duties of this section.
(VI) If the inspecting entity and the board of trustees of a local college district disagree on the interpretation of the codes and standards of the division, the division shall set a date for a hearing as soon as practicable before the board of appeals in accordance with section 24-33.5-1213.7, C.R.S., and the rules adopted by the division pursuant to article 4 of title 24, C.R.S.
(VII) School buildings shall be maintained in accordance with the fire code adopted by the director of the division pursuant to section 24-33.5-1203.5, C.R.S.
the division, the division shall set a date for a hearing as soon as practicable before the board of appeals in accordance with section 24-33.5-1213.7, C.R.S., and the rules adopted by the division pursuant to article 4 of title 24, C.R.S.
(VII) School buildings shall be maintained in accordance with the fire code adopted by the director of the division pursuant to section 24-33.5-1203.5, C.R.S.
(w) Enter into a cooperative arrangement with the division of fire prevention and control in the department of public safety to develop a system in which a qualified volunteer firefighter may receive a tuition voucher to attend courses at a local community college, including Aims community college and Colorado mountain college, in accordance with section 24-33.5-1216, C.R.S.
(1.5) Notwithstanding the provisions of subsection (1) of this section, if Colorado Northwestern community college is accepted into the state system pursuant to section 23-71-207, the powers of the Rangely junior college district board of trustees shall be limited to those specified in section 23-71-207 (3)(a)(V).
(2) Nothing in this section shall authorize a local college district to expend proceeds from the sale of general obligation or revenue bonds issued by said district to procure or erect a school or other building beyond the territorial limits of the district.
C.R.S. § 23-71-123 Duties of board of trustees - degrees
23-71-123. Duties of board of trustees - degrees. (1) It is the duty of the board of trustees to determine financial and educational policies and provide for the proper execution of such by selecting competent administrators, instructors, and other personnel for the administration, operation, and maintenance of the institution, to prepare and adopt a budget pursuant to part 1 of article 44 of title 22, C.R.S., to fix tuition and fee rates, to accept gifts, to purchase, hold, sell, or rent property and equipment, to promote the general welfare of the institution for the best interests of education and the local college district, and, pursuant to contract and any other applicable provisions of law, to discharge or otherwise terminate the employment of any personnel.
(2) Notwithstanding the provisions of subsection (1) of this section, if Colorado Northwestern community college is accepted into the state system pursuant to section 23-71-207, the duties of the Rangely junior college district board of trustees shall be limited to those specified in section 23-71-207 (3)(a)(VII).
(3) A local district college may offer a two-year degree program with or without academic designation. Before a local district college offers a two-year degree program with academic designation, as authorized by this subsection (3), the local district college shall determine the program designation for the degree. The local district college shall then submit the degree program designation to the board of trustees for its review and approval. The local district college may offer the degree program only after it has been approved by the board of trustees and by the Colorado commission on higher education. The local district college shall exclusively use the degree program designation name in official publications, course catalogs, diplomas, and official transcripts.
C.R.S. § 23-71-124 President - duties
23-71-124. President - duties. The president of the board of trustees shall preside at all meetings of the board and shall sign all orders on the county treasurer for the payment of money; but no orders shall be drawn upon the county treasurer except in favor of parties to whom the local college district has become lawfully indebted. He shall appear in behalf of the local college district in all suits brought by or against the district, but, if the president is individually interested, this duty shall be performed by the secretary of the board. In the absence of the president, the secretary shall preside at any meeting of the board.
C.R.S. § 23-71-125 Secretary - duties
23-71-125. Secretary - duties. The secretary of the board of trustees shall keep an accurate record of the expenses incurred by the local college district and shall present the same to the board whenever called upon. He shall give the required notice of all regular and special meetings. He shall keep the same records and make the same reports as are required by law. Any of the special duties of the secretary may be delegated by the board to a paid secretary who may be appointed by the board.
C.R.S. § 23-71-126 Treasurer - duties
23-71-126. Treasurer - duties. The treasurer of the board of trustees shall countersign all warrants drawn by the president and secretary on the county treasury and shall keep an account of the same. He shall take charge of all moneys received by the board on account of the local college district. He shall render a statement of the finances of the district as shown by the records of his office at the close of each fiscal year and at any other time when required by the board. Financial statements and records of the local college district shall be in accordance with the provisions of part 5 of article 1 of title 29, C.R.S. The treasurer shall perform such additional duties and be subjected to such additional obligations as are imposed by law.
C.R.S. § 23-71-127 Credits accepted by state institutions
23-71-127. Credits accepted by state institutions. Credits received by students attending local district colleges shall be accepted in full by other state institutions of higher education for provisional enrollment in such major courses for which courses the students in the local district college qualify.
C.R.S. § 23-71-128 Additions to district - procedure
23-71-128. Additions to district - procedure. (1) If a school district or group of districts that is adjacent to a local college district or located entirely within the boundaries of the local district college's service area, as determined by the Colorado commission on higher education, desires to be annexed to the existing local college district, it may do so by satisfying both of the following requirements:
(a) By obtaining approval of the existing local college district. The approval is given only upon a majority vote of the eligible electors of the existing local college district as expressed by a majority polled at the time of a regular election held in the local college district. The election is called only upon an affirmative vote of the board of trustees.
(b) The school district desiring to be annexed votes to approve the annexation at a regular election. The election is called only upon the affirmative vote of the school district board of education. If a single school district desires to be annexed, the annexation is effected by a majority vote of the eligible electors of the district. If two or more school districts desire annexation as a group, the annexation is effected only by a majority vote in favor thereof in each district desiring annexation. If there is not a majority vote in favor of the annexation in any district in the group, then the annexation does not occur for the group of districts, but any individual district in the group that had a majority vote in favor of the annexation is annexed to the local college district.
(2) If the town of Berthoud desires to be annexed to its existing local college district, it may do so by satisfying both of the following requirements:
(a) By obtaining approval of the existing local college district. Approval shall only be given upon a majority vote of the eligible electors of the existing local college district as expressed by a majority polled at the time of the regular election held in the local college district. The election shall be called only upon the affirmative vote of the board of trustees.
(b) By the town of Berthoud voting on the question of annexation at a regular election. The election shall only be called upon the affirmative vote of the governing body of the municipality, and the annexation shall be effected by a majority vote of the eligible electors of the municipality.
C.R.S. § 23-71-129 Dissolution of district
23-71-129. Dissolution of district. Any local college district may be dissolved in the following manner: A plan for the dissolution of the local college district may be submitted to the eligible electors of the local college district at a special election held for that purpose. The plan shall provide for the payment of all district debts and liabilities and the distribution of all district assets. If the eligible electors authorize the dissolution by a vote of the majority of electors voting at the special election, the local district college board of trustees of the district shall proceed to carry out the plan so authorized and, upon accomplishment thereof, shall file its certificate of dissolution with the county clerk and recorder of the county wherein the district is situate. Thereupon the district shall be considered dissolved. If any property or funds remain in the hands of the board, credit after the dissolution of the property or funds shall be distributed as provided in the plan of dissolution for the distribution of the assets of the local college district.
C.R.S. § 23-71-130 Bonds as legal investments
23-71-130. Bonds as legal investments. Any general obligation bonds issued or validated in accordance with the provisions of this article shall be eligible for any investment of proceeds which is a legal investment authorized by part 6 of article 75 of title 24, C.R.S., for school districts of this state.
C.R.S. § 23-71-131 Local district colleges subject to section 29-1-302
23-71-131. Local district colleges subject to section 29-1-302. For the purposes of section 29-1-302, C.R.S., a local college district board of trustees shall not be deemed to be a school board.
C.R.S. § 23-71-132 Definition and interpretation of terms
23-71-132. Definition and interpretation of terms. (Repealed)
C.R.S. § 23-71-133 Local district colleges - attorney general to advise - revenue for baccalaureate degree programs
23-71-133. Local district colleges - attorney general to advise - revenue for baccalaureate degree programs.
(1) Repealed.
(2) Upon request of its board of trustees, the attorney general shall serve as legal advisor to Colorado mountain college, and the board has the authority to select and retain legal counsel at the board's discretion.
(3) In accordance with the budget adopted by the board of trustees pursuant to section 23-71-123 (1), a local district college may use any state-appropriated money it receives, in addition to any other revenue of the college, to operate any baccalaureate degree program that the Colorado commission on higher education approves.
C.R.S. § 23-71-134 Local district colleges - bachelor of applied science degree programs - approval
23-71-134. Local district colleges - bachelor of applied science degree programs - approval. (1) A local district college may, with the approval of its board of trustees, offer a bachelor of applied science degree. A local district college may request authority to offer more than one bachelor of applied science degree. In considering whether to approve a request to offer a bachelor of applied science degree, the board of trustees shall consider student and workforce demand, cost effectiveness for the students, and accreditation and licensing requirements.
(2) The board of trustees shall notify the Colorado commission on higher education of each bachelor of applied science degree program that the board of trustees approves pursuant to this section.
C.R.S. § 23-71-135 Local district colleges - high school diplomas - approval
23-71-135. Local district colleges - high school diplomas - approval. (1) A local district college board of trustees may establish and approve graduation requirements for a high school diploma. A local district college shall award a high school diploma to a student who successfully completes the high school graduation requirements approved by a local district college board of trustees.
(2) A service provider may partner with a local district college to provide courses that lead to a high school diploma or an industry-recognized credential.
(3) As used in this section, "service provider" means a nonprofit entity or for-profit entity that enters into a formal, negotiated contract for educational services with a local district college.
C.R.S. § 23-71-201 Definitions
23-71-201. Definitions. As used in this part 2, unless the context otherwise requires:
(1) "Board" means the state board for community colleges and occupational education created pursuant to section 23-60-104.
(2) "Eligible elector" of a local college district means an elector who has complied with the registration provisions of article 2 of title 1, C.R.S., and who resides within the local college district.
C.R.S. § 23-71-202 Joining state system - state support
23-71-202. Joining state system - state support. (1) Any local college district organized or authorized to be organized under the provisions of this article may apply to the board to become a part of the state system as provided in this part 2; but this subsection (1) shall not apply to any local college district organized on or after December 31, 1967, pursuant to title 22, C.R.S. 1973, or to this title unless the board has approved the district prior to its organization. The application shall include a plan of dissolution and report of finances as required by section 23-71-203 and shall be considered by the board and the Colorado commission on higher education as provided in section 23-71-204.
(2) In advance of entering the state system, local college districts shall receive annually such state support for the education of Colorado resident students as is appropriated for operating purposes.
(3) Any local college district organized or authorized to be organized after July 1, 1967, which is not a part of the state system shall not be eligible to receive any state funds for capital construction purposes unless the board has approved the district prior to its organization.
(4) After the entry of any local college district into the state system, no general property taxes shall be levied for the operational expenses of the local college district; except that a tax levy shall be continued for the purposes of payment of any general obligation of the district, whether bonded indebtedness or otherwise, owed by the district and not assumed by the state.
C.R.S. § 23-71-203 Submission of plan for joining state system
23-71-203. Submission of plan for joining state system. (1) Any local college district desiring to become a part of the state system shall use the following procedures: The local district college board of trustees of the district shall submit to the board a plan of dissolution, together with a detailed report of the finances and programs of the existing local district college. The plan of dissolution shall be in such form as may be prescribed by the board. The plan shall provide for the transfer of district assets to the board and shall make provision for meeting all liabilities of the district through assumption by the board or by other lawful means which will not impair existing obligations of contract. Liabilities to be assumed by the board shall include all revenue bonds and other special obligations which by their terms are not payable from revenues derived from ad valorem taxes of the district (such obligations being sometimes collectively designated in this article as "revenue bonds"). The revenue bonds shall continue to be payable from the revenues designated therein and shall not become the general obligation of the board or of the state of Colorado. In each case where there exist outstanding general liabilities at the time of dissolution, the plan shall provide for continuing the tax levy within the boundaries of the dissolved district as may be necessary to retire all general liabilities, including without limitation all general obligation bonded indebtedness, both principal and interest. It is the intention of this part 2 that the general assembly will make timely appropriations for the retirement, and, to the extent moneys are thereby made legally available, the levy shall be diminished or eliminated. Notwithstanding any other provision of this part 2, no local college district shall be dissolved pursuant to this part 2 if, subsequent to May 27, 1967, it has incurred liabilities (evidenced by other than revenue bonds) for capital improvements without the approval of the board prior to the incurrence unless the liabilities have been fully paid as to principal and interest before the dissolution. The plan shall include a timetable for dissolution of the district and estimates of potential enrollment and operating and capital expenditures for a period of five years after dissolution. The date of dissolution and entry into the state system shall be the first day of July immediately following the survey of the dissolution election returns.
(2) (a) If the local district college board of trustees fails to submit a plan of dissolution on its own initiative within five years after May 27, 1967, the eligible electors of the local college district may petition the board of trustees to submit a plan to the board. The petition shall be signed by at least five percent of the eligible electors residing within each county in the local college district and shall be filed with the secretary of the local college district. The signatures need not all be on one sheet of paper, but each sheet shall contain an oath, subscribed to by the person circulating the sheet, that the signatures thereon are genuine. Each person signing the petition shall add to the signature the date of the signing and the elector's place of residence. To the extent practicable, the provisions of article 40 of title 1, C.R.S., regarding circulation of petitions, elector information and signatures on petitions, and affidavits and requirements of circulators of petitions shall apply to petitions under this section.
are genuine. Each person signing the petition shall add to the signature the date of the signing and the elector's place of residence. To the extent practicable, the provisions of article 40 of title 1, C.R.S., regarding circulation of petitions, elector information and signatures on petitions, and affidavits and requirements of circulators of petitions shall apply to petitions under this section.
(b) Upon receipt of the petition, the secretary shall refer the petition to the local district college board of trustees. The board shall, without undue delay, determine if the petition has been signed by the requisite number of eligible electors residing in each county of the local college district. If the petition is found to contain the requisite number of signatures, the board of trustees shall proceed to develop and submit to the board within ninety days a plan of dissolution in accordance with the provisions of subsection (1) of this section. If the petition does not contain the requisite number of signatures, the board of trustees shall make the determination by written resolution.
(c) If a petition and plan of dissolution is submitted pursuant to this section and dissolution of the local college district should not be effected because of rejection or nonapproval of the plan, or otherwise, at any stage of the process provided for by subsection (1) of this section and section 23-71-204, no further petition or plan of dissolution pursuant to this section shall be submitted or accepted for a period of five years from the date of rejection or nonapproval or other action causing the prior plan of dissolution not to be effected.
C.R.S. § 23-71-204 Approval of plan - election
23-71-204. Approval of plan - election. (1) The board shall review each application for admission to the state system to determine whether the plan and date of entry specified by the local college district will best promote the orderly development of higher education and of the applicant institution. The board shall transmit to the local district college board of trustees any suggested changes in the plan within ninety days after the date of submission.
(2) When the board has approved the plan and date of entry, it shall forward the application to the Colorado commission on higher education for its action. The commission may approve the recommendation of the board. If the commission does not approve the entry into the state system, the board may require a joint meeting of the board and the commission to hear the reasons and to explain the position taken by the board. After review, the commission may reaffirm its position or take such other action as it deems appropriate. The board shall notify the local district college board of trustees of any action taken by the commission under this subsection (2).
(2.5) After the Colorado commission on higher education has approved the recommendation of the board, it shall forward such recommendation to the general assembly. If the general assembly, acting by bill, approves the entry of the district into the state system, the local district college board of trustees may call a special election pursuant to subsection (4) of this section. If the general assembly does not so approve such entry, it shall be deemed rejected, and the district shall not become a part of the state system.
(3) Except to the extent inconsistent with this part 2, the dissolution election shall be called, held, and canvassed by the board of trustees in substantially the same manner as provided for elections authorizing the issuance of local college district general obligation bonds.
(4) When the Colorado commission on higher education, the board, and the general assembly have approved the application, the board of trustees shall call a special election at which only eligible electors of the district may vote. The question shall be:
Shall the _______ local college district be dissolved, all assets transferred to the state board for community colleges and occupational education and provision made for meeting all liabilities as provided in the plan of dissolution by _______(date)?
Yes ___ No ___.
(5) If a majority of the eligible electors voting vote "yes", the board of trustees and the board shall proceed with the transfer of all assets to the board and with all necessary steps to meet liabilities pursuant to the approved plan. If revenue bonds of the district remain outstanding or unpaid, the board as successor to the board of trustees and to the district shall continuously operate the college, pay principal and interest, and do all things in such manner as to fulfill the obligations of the district under existing resolutions and instruments constituting contracts among the district and bondholders and other contracting parties. Nothing in this part 2 shall impair or authorize the impairment of any obligation of contract. The board shall serve ex officio as the board of trustees of the district until all existing general liabilities, including without limitation all general obligation bonded indebtedness and the interest thereon but not including revenue bonds, are paid, and, except as provided in this part 2, the levy required for the payment shall continue until the payment is made in full. General obligation bonds of a dissolved district may be refunded in the manner provided in part 6 of this article.
C.R.S. § 23-71-205 Withdrawal from state system
23-71-205. Withdrawal from state system. Any community college may withdraw from the state system and establish a local college district pursuant to procedures established by the Colorado commission on higher education. The procedures shall provide for a vote by the eligible electors of the area proposed to be incorporated into a local college district. The Colorado commission on higher education shall provide for the transfer of college property and liabilities to the district in the event of such a withdrawal and establishment.
C.R.S. § 23-71-206 Northeastern junior college - approval of plan - date of entry into state system - continuation of mill levy
23-71-206. Northeastern junior college - approval of plan - date of entry into state system - continuation of mill levy. (1) (a) The general assembly hereby approves the plan of dissolution submitted by Northeastern junior college pursuant to section 23-71-203, referred to in this section as the "plan". Contingent upon approval of the plan in a special election held pursuant to section 23-71-204 and enactment of an appropriation of general fund moneys to the board for allocation to Northeastern junior college, whether in an annual general appropriations bill or by supplemental appropriation, the general assembly approves the entry of Northeastern junior college into the state system of community and technical colleges.
(b) Notwithstanding the provisions of section 23-71-204 (4), at the special election for approval of the plan, the question shall be:
Shall Northeastern junior college join the state system of community and technical colleges upon enactment of an appropriation to fund Northeastern junior college as part of the state system of community and technical colleges, and shall the Northeastern junior college district continue to collect property taxes for three years after the appropriation is enacted in the amount of 20.311 mills in year one, 18.000 mills in year two, and 16.000 mills in year three, after which time the Northeastern junior college district shall be dissolved, 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 of dissolution?
Yes ___ No ___.
(2) Notwithstanding the provisions of section 23-71-203 (1), if the plan is approved and moneys are appropriated as provided in subsection (1) of this section, Northeastern junior college shall enter the state system of community and technical colleges on the effective date of the appropriation, but the Northeastern junior college district shall continue as provided in subsection (3) of this section. On entry into the state system of community and technical colleges, Northeastern junior college shall be under the management and control of the board. On entry into the state system of community and technical colleges, the assets and liabilities of Northeastern junior college, with the exception of the property tax moneys collected and the physical education and events center built pursuant to subsection (3) of this section and the property on which said center is located, shall be transferred to the board; except that, if construction of the physical education and events center is completed prior to approval of the plan and appropriation of moneys pursuant to subsection (1) of this section, the physical education and events center and the property on which said center is located shall be transferred to the board at the time Northeastern junior college enters the state system of community and technical colleges.
(3) (a) If the plan is approved and moneys are appropriated as provided in subsection (1) of this section, the Northeastern junior college district shall be dissolved three years after Northeastern junior college enters the state system of community and technical colleges. Prior to dissolution of the Northeastern junior college district and notwithstanding any other provisions of this part 2 to the contrary, the Northeastern junior college district shall continue to collect property tax in the district. Following approval of the plan, the mill levy imposed by the Northeastern junior college district shall not exceed the mill levy imposed for the tax year during which the plan is approved and may be reduced prior to dissolution of the district.
nding any other provisions of this part 2 to the contrary, the Northeastern junior college district shall continue to collect property tax in the district. Following approval of the plan, the mill levy imposed by the Northeastern junior college district shall not exceed the mill levy imposed for the tax year during which the plan is approved and may be reduced prior to dissolution of the district.
(b) Northeastern junior college district shall use a portion of the property tax moneys collected pursuant to this subsection (3) for construction of a physical education and events center on the Northeastern junior college campus, as provided in the plan; except that, if construction of the physical education and events center is completed prior to the time that the plan is approved and moneys are appropriated as provided in subsection (1) of this section, all of the property tax moneys collected pursuant to this subsection (3) shall be used as provided in paragraph (c) of this subsection (3).
(c) Northeastern junior college district shall use the property tax moneys collected pursuant to this subsection (3) that are not used for construction of the physical education and events center on the Northeastern junior college campus to assist residents of the Northeastern junior college district who are enrolled at Northeastern junior college in defraying any increases in tuition that may result from entry into the state system of community and technical colleges.
(d) On dissolution of the Northeastern junior college district, the physical education and events center built pursuant to paragraph (b) of this subsection (3), regardless of whether said center is completed, the property on which said center is located, and any moneys remaining under control of the district shall be transferred to the board.
C.R.S. § 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.
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;
ction 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.
ues 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.
C.R.S. § 23-71-208 Colorado Northwestern community college - disposal of assets
23-71-208. Colorado Northwestern community college - disposal of assets. Any aircraft or other equipment used by the Colorado Northwestern community college in its aviation-related programs may be disposed of by the state board for community colleges and occupational education, created in section 23-60-104, by sale, trade, or other method of disposal. Any proceeds from the disposal of such aircraft shall be the property of the state board for community colleges and occupational education for the use and benefit of Colorado Northwestern community college. The disposal of such aircraft or equipment shall be exempt from section 17-24-106.6, C.R.S., relating to surplus state property and any rules promulgated thereunder.
C.R.S. § 23-71-301 Direct grants to local college districts - occupational courses
23-71-301. Direct grants to local college districts - occupational courses. (1) Colorado mountain college and Aims community college shall each annually receive a direct grant, from funds appropriated for this purpose, in an amount specified annually by the general assembly pursuant to section 23-18-304.
(2) and (3) Repealed.
(4) (a) If a school district or group of school districts is annexed into an existing local college district pursuant to section 23-71-128, for at least five years after the date of the annexation, the commission shall annually consider recommending that the local college district's direct grant, after applying any adjustments set forth in section 23-18-304 (3), be increased as provided in section 23-18-304 (3)(b) to recognize increases in resident enrollment resulting from the annexation process.
(b) Prior to recommending an increase to a local college district's direct grant pursuant to subsection (4)(a) of this section, the Colorado commission on higher education shall consult with the governing board of the affected local college district.
C.R.S. § 23-71-302 Distribution of grants
23-71-302. Distribution of grants. (1) The board shall annually certify to the state treasurer the amount of the direct grants to be paid to Colorado mountain college, Aims community college, and the area technical colleges, as specified by the general assembly and appropriated pursuant to section 23-18-304 for the applicable fiscal year. Each institution or area technical college may use the direct grants for current operating costs or for capital construction.
(2) Repealed.
C.R.S. § 23-71-303 Distributions to area technical colleges
23-71-303. Distributions to area technical colleges. (1) Any area technical college operating or organized and operating as such during the entire school year may be reimbursed by the state in an amount specified annually by the general assembly pursuant to section 23-18-304. Such reimbursement must not exceed the total direct cost of the vocational program per FTE.
(2) Distributions made under this section shall be only for students with a declared objective in approved occupational courses and shall not include students enrolled with avocational objectives.
C.R.S. § 23-71-304 Area technical college grant program - established - report - definitions - repeal
23-71-304. Area technical college grant program - established - report - definitions - repeal. (1) As used in this section, unless the context otherwise requires:
(a) "Area technical college" has the same meaning as defined in section 23-60-103 (1).
(b) "Commission" means the Colorado commission on higher education established pursuant to section 23-1-102.
(c) "Department" means the department of higher education created pursuant to section 24-1-114.
(d) "Grant program" means the area technical college grant program established pursuant to subsection (2) of this section.
(2) There is established in the department the area technical college grant program to provide up to four million dollars each fiscal year in grants to area technical colleges for identified capital construction and equipment purposes in addition to the direct grants received pursuant to section 23-18-304 (2)(a). On or before July 15, 2019, and on or before each July 15 thereafter, an area technical college may submit a grant application developed pursuant to subsection (3) of this section to the department. If more than one grant application is submitted during any year, on or before July 30, the area technical colleges shall jointly submit to the department a list of the grants in prioritized order. The department shall review the application and recommend to the commission whether to include money for the grant in its budget request pursuant to section 23-18-304 (2) for the following state fiscal year. The commission shall determine whether to include money for the grant in the budget request, and, if the commission includes more than one grant in its request, the commission shall prioritize the requests. If the department receives money for the grant, the department shall transmit the full amount of the grant to the area technical college.
(3) The department shall develop a form for the grant application that must include:
(a) Identification of how the grant money will be spent;
(b) Specification of how the grant money will benefit students and any program at the school; and
(c) Any matching money to be added to the grant money and the source of the matching money.
(4) If an area technical college receives grant money pursuant to this section, on or before August 1 of the budget year following any expenditure of money from a grant, the area technical college shall submit a report to the department on a form developed by the department that must include:
(a) The amount of the grant received;
(b) The total amount of grant expenditures made during the previous budget year;
(c) An itemization of the grant expenditures made during the previous budget year; and
(d) the impact of the grant expenditures on students.
(5) This section is repealed, effective July 1, 2026.
C.R.S. § 23-71-401 Definitions
23-71-401. Definitions. As used in this part 4, unless the context otherwise requires:
(1) "Board of trustees" means the local college district board of trustees authorized by law to administer the affairs of any district.
(2) "District" means a local college district organized and existing pursuant to law.
C.R.S. § 23-71-402 Certification - tax revenues
23-71-402. Certification - tax revenues. (1) In accordance with the schedule prescribed by section 39-5-128, C.R.S., the district shall certify to the board of county commissioners of the county wherein said district is located the separate amounts necessary, in the judgment of the board of trustees, to be raised from levies against the valuation for assessment of all taxable property located within the boundaries of said district for its general, bond redemption, and capital reserve funds to defray its expenditures therefrom during its next ensuing fiscal year.
(2) If only a portion of a district is located within a county, the board of trustees of said district shall certify the separate amounts to the board of county commissioners of each county wherein a portion of said district is located. The board of county commissioners of each such county shall levy a tax upon the taxable property located within said portion of the district included in its county at a rate sufficient to produce a pro rata share of each separate amount certified, such pro rata share to be based on the ratio of the valuation for assessment of taxable property located within that portion of said school district located within said county to the total valuation for assessment of taxable property located in the entire district; except that the rate of tax levies for said district shall be the same throughout the territorial limits of said district except for a variation in the tax levy needed for the bond redemption fund of said district, which rate may vary because of changes in the boundaries of said district.
(3) The levy for the capital reserve fund shall not exceed four mills in any year.
(4) (a) Whenever, after a reorganization, any district has within its boundaries any new territory, the board of trustees of the district shall certify to the board of county commissioners the amount required during the next ensuing fiscal year to satisfy such territory's proportionate share of the obligations of the outstanding bonded indebtedness.
(b) If, after reorganization of the district, there is any territory liable for the payment of bonded indebtedness, different either in amounts, dates of creation, or dates of interest or principal maturities, then, in certifying to the boards of county commissioners the statement of the amount necessary to be raised from levies pursuant to subsection (1) of this section, it is the duty of the board of trustees of such district to also certify to the board of county commissioners the territory which has bonded indebtedness outstanding, the legal description of the territory liable for the payment of such bonded indebtedness, or portion thereof, and the amount required during the ensuing fiscal year to meet payments of interest and principal falling due therein. A separate levy, sufficient to raise the amount so certified, shall be made against the valuation for assessment of all taxable property located within such territory. The proceeds of such levy shall be credited to the bond redemption fund of the district, but a separate account within such bond redemption fund shall be maintained to clearly reflect the amount raised from such separate levy.
C.R.S. § 23-71-403 Change in needed tax revenues - unlawful
23-71-403. Change in needed tax revenues - unlawful. A board of trustees or a board of county commissioners shall not modify the amount certified pursuant to section 23-71-402 as needed for any fiscal year, nor shall said board of county commissioners be charged with any discretion in determining or reviewing the amounts so certified other than to ascertain if said amounts are within the limitations as prescribed by law.
C.R.S. § 23-71-404 County treasurer - accounts - warrants
23-71-404. County treasurer - accounts - warrants. (1) It is the duty of the county treasurer to keep separate accounts by funds and subsidiary accounts for the bond redemption fund of each district in his county, and said funds and accounts shall be subject to the warrants of said district. The tax revenues shall be credited to the proper fund and account, together with any penalty interest collected thereon.
(2) If only a portion of a district is situate within the territorial limits of said county and the headquarters of said district are not located therein, the county treasurer shall transfer, at the end of each month, all moneys which have accrued to the credit of said district to the county treasurer of the county wherein the headquarters of said district is located. No warrant shall be drawn by a district situate in more than one county against its moneys except against those moneys in the custody of the county treasurer of the county wherein the district headquarters is located.
(3) If a district warrant is presented to the county treasurer of a district situate in his county and there are no moneys or insufficient moneys to the credit of said district in the proper fund or account thereof to pay such warrant, it is the duty of said county treasurer to register such warrants in the order of presentment and endorse each such warrant "no funds". Registered warrants shall draw interest from the date of such registration and endorsement at the rate and in the manner as registered county warrants. The county treasurer shall keep a list of all warrants so registered and endorsed and furnish a copy of said list to the treasurer of said district. The county treasurer shall pay both the principal and interest of said warrants, in the order of registration, when there are sufficient moneys to the credit of the district fund or account upon which any such warrant was drawn. It is his duty to cause to be published in a newspaper with general distribution in said district for five days a notice that certain district warrants, describing said warrants by numbers and amounts, will be paid upon presentation at the expiration of said five-day notice, at which time said warrants shall cease to bear interest.
(4) It is unlawful for a district to issue warrants in excess of the amount budgeted or appropriated to or the anticipated revenues for any fund, whichever is less, for said district's fiscal year whether or not the board of trustees of said district has elected to withdraw its moneys from the custody of the county treasurer.
(5) It is the duty of the county treasurer to cancel all paid district warrants with a proper canceling stamp and indicate the date of payment thereof.
C.R.S. § 23-71-405 Depositories
23-71-405. Depositories. (1) When the board of trustees of a district has elected to have all moneys belonging to the district paid over to the treasurer of said board, the treasurer shall deposit, or cause to be deposited, all such moneys in such depositories as shall be designated by such board.
(2) Each designated depository shall be required to give a surety bond in an amount equal to at least one hundred ten percent of the amount on deposit to the credit of the district at any time, with sureties approved by the board of trustees of the district and conditioned for the payment of all moneys on deposit to the credit of the district, upon demand of the treasurer thereof through presentation of checks, warrants, or orders. In lieu of such surety bond, the board of trustees may accept obligations of the United States or the state of Colorado or general obligation bonds of any district located within the state in an amount equal to said surety bond, and such securities shall be placed with and held in trust by some bank, other than the depository, within the state or with the Denver branch of the federal reserve bank of Kansas City, Missouri, contingent upon the issuance of a joint custody receipt subject to the joint order of the depository and the treasurer of said board and conditioned to secure and guarantee payment of all moneys on deposit to the credit of said district, upon demand of the district through presentation of a warrant or order.
(3) Any moneys belonging to a district which are temporarily not needed in the conduct of its operations may be invested or deposited by the board of trustees of such district pursuant to the provisions of sections 24-75-601 to 24-75-603, C.R.S.
(4) Notwithstanding the provisions of this section, the board of trustees of any district may provide for the establishment, operation, and maintenance of refunding escrow agreements and accounts and may provide for payment of principal and interest on the outstanding bonds of such district by paying agents, pursuant to the provisions of parts 5 and 6 of this article.
C.R.S. § 23-71-406 Registered warrants by treasurer of the board of trustees
23-71-406. Registered warrants by treasurer of the board of trustees. If a board of trustees has elected to withdraw all district moneys from the temporary custody of the county treasurer and there are no moneys or insufficient moneys to the credit of the proper fund of said district on deposit with a depository to pay any warrant or order drawn against said fund, the treasurer of said board of trustees shall register said warrant in the same manner as otherwise prescribed for a county treasurer under the provisions of section 23-71-404. Registered warrants shall draw interest from the date of such registration and endorsement at the rate and in the same manner as warrants registered by the county treasurer. The treasurer of said board of trustees shall perform all duties required of the county treasurer under section 23-71-404 (3) in the registration and payment of district warrants registered by said treasurer of the board of trustees, including publication for notice of payment thereof.
C.R.S. § 23-71-407 Short-term loans
23-71-407. Short-term loans. The board of trustees of any district may negotiate or contract with any person, corporation, association, or company for a loan not to exceed the difference between the anticipated revenues for the current fiscal year for the general fund and the amount credited to date to said general fund in order to eliminate the necessity of issuing registered warrants upon said general fund. Such loan shall be liquidated within six months thereafter from moneys subsequently credited to said general fund. The total rate of interest, including fees to be paid on such loan, shall not exceed seventy-five percent of the discount rate set by the federal reserve board for the tenth federal reserve district establishing the rate of interest which federal reserve banks shall charge member banks when such member banks borrow money from a federal reserve bank.
C.R.S. § 23-71-501 Definitions
23-71-501. Definitions. As used in this part 5, unless the context otherwise requires:
(1) "Board of trustees" means the governing body authorized by law to administer the affairs of any local college district.
(2) "District" means a local college district organized and existing pursuant to law.
(2.5) "Eligible elector" means an elector who has complied with the registration provisions of article 2 of title 1, C.R.S., and who resides within the local college district calling the election.
(3) "Net effective interest rate" of a proposed issue of bonds means the net interest cost of the issue divided by the sum of the products derived by multiplying the principal amount of such issue maturing on each maturity date by the number of years from the date of said proposed bonds to their respective maturities. In all cases, the net effective interest rate shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds.
(4) "Net interest cost" of a proposed issue of bonds means the total amount of interest to accrue on said bonds from their date to their respective maturities, plus the amount of any discount below par or less the amount of any premium above par at which said bonds are being or have been sold. In all cases the net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds.
(5) and (6) (Deleted by amendment, L. 92, p. 860, § 72, effective January 1, 1993.)
C.R.S. § 23-71-502 Bonded indebtedness - elections
23-71-502. Bonded indebtedness - elections. (1) No general obligation bonded indebtedness shall be contracted by any district for the purpose of purchasing, erecting, improving, remodeling, and furnishing local district college buildings, sites, facilities, and equipment unless the proposition to create such debt has first been submitted to and approved by the eligible electors of the district.
(2) The board of trustees of any district, at any regular biennial school election or at a special election called for the purpose, shall submit to the eligible electors of the district the question of contracting a bonded indebtedness for the purpose of purchasing, erecting, improving, remodeling, and furnishing local district college buildings, sites, facilities, and equipment, which purposes shall be broadly construed, subject to the limitations provided in section 23-71-503.
(3) All elections authorized under this article shall be conducted pursuant to the provisions of articles 1 to 13 of title 1, C.R.S. The secretary of the board of trustees shall be the designated election official for all elections unless otherwise provided by the board of trustees. Any notice given shall contain a statement of the amount of the bonded indebtedness proposed to be contracted, the maximum net effective interest rate at which the indebtedness shall be incurred, and the maximum period of time within which the amount shall be payable, and the day and the place of the election.
(4) and (5) (Deleted by amendment, L. 92, p. 861, § 73, effective January 1, 1993.)
(6) (a) The board of trustees of any district, having received approval at an election to issue bonds and having determined that the limitations of the original election question are too restrictive to permit the advantageous sale of the bonds so authorized, may submit at another regular or special election:
(I) The question of issuing the bonds, or any portion thereof, at a higher maximum net effective interest rate than the maximum interest rate or maximum net effective interest rate approved at the original election; or
(II) The question of issuing the bonds, or any portion thereof, to mature over a longer period of time than the maximum period of maturity approved at the original election.
(b) An election held pursuant to this subsection (6) shall be held in substantially the same manner as an election to authorize bonds initially, except as may be required for the submission of the limited question permitted under this subsection (6).
(c) If a majority of those voting at an election held pursuant to this subsection (6) fail to approve the changes submitted, such result shall not impair the authority of the board of trustees at a later time to issue the bonds originally approved within the limitations established at the first election.
C.R.S. § 23-71-503 Limitations on elections
23-71-503. Limitations on elections. The question of contracting bonded indebtedness may be submitted or resubmitted after the same or any other such question has previously been rejected at an election held pursuant to this part 5; but no such question shall be submitted or resubmitted at any election held less than one hundred twenty days after a previous submission of such question, and the board of trustees of a district shall not submit any question of contracting bonded indebtedness at more than two elections within any twelve-month period. The provisions of this section shall not apply to elections on assumption of existing bonded indebtedness held pursuant to law.
C.R.S. § 23-71-504 Limit of bonded indebtedness
23-71-504. Limit of bonded indebtedness. (1) Each district shall have a limit of bonded indebtedness of twenty percent of the latest valuation for assessment of the taxable property in such district as certified by the assessor to the board of county commissioners. The indebtedness of the former districts or parts of districts, constituting any new district, shall not be considered in fixing the limit of such twenty percent; but, if any district assumes the bonded indebtedness of any other district, or a proportionate share thereof, existing at the time of inclusion in the assuming district, pursuant to law, such bonded indebtedness shall be included in the twenty percent limitation.
(2) The permission to incur additional bonded indebtedness, granted by the property tax administrator in the department of local affairs, and any district bonds issued pursuant thereto on or after May 10, 1972, are hereby validated. This subsection (2) shall not be construed to grant authority to incur bonded indebtedness in excess of said twenty percent limitation.
C.R.S. § 23-71-505 Voting precincts
23-71-505. Voting precincts. (Repealed)
C.R.S. § 23-71-506 Ballots
23-71-506. Ballots. (Repealed)
C.R.S. § 23-71-507 Joint election for directors and bonds
23-71-507. Joint election for directors and bonds. (Repealed)
C.R.S. § 23-71-508 Pollbooks - certificate of return
23-71-508. Pollbooks - certificate of return. (Repealed)
C.R.S. § 23-71-509 Registration
23-71-509. Registration. (Repealed)
C.R.S. § 23-71-510 Registration list omissions - challenges - oath - rejection of vote
23-71-510. Registration list omissions - challenges - oath - rejection of vote. (Repealed)
C.R.S. § 23-71-511 Count and canvass
23-71-511. Count and canvass. (Repealed)
C.R.S. § 23-71-512 Absentee voting
23-71-512. Absentee voting. (Repealed)
C.R.S. § 23-71-513 Use of voting machines
23-71-513. Use of voting machines. (Repealed)
C.R.S. § 23-71-514 Board of trustees may issue bonds - exemption from Colorado income tax
23-71-514. Board of trustees may issue bonds - exemption from Colorado income tax. When approved at an election held pursuant to section 23-71-502, the board of trustees, from time to time, as the proceeds thereof are needed for the purposes specified in the notice of said bond election, shall issue bonds of the district in denominations of one thousand dollars or any multiple of one thousand dollars, in its discretion, bearing interest at a rate such that the net effective interest rate of the bond issue does not exceed the maximum net effective interest rate specified in the notice of said bond election, payable at such time, determined in the discretion of the board of trustees, which bonds shall mature serially, commencing not later than five years and extending not more than twenty-five years from the date thereof. Principal and interest thereon shall be payable at such place as shall be determined by said board of trustees and designated in said bonds. Said bonds shall be made callable for redemption commencing no later than eleven years from their date in such manner, with or without premium, as may be determined by the board of trustees. Interest on local college district bonds issued on or after July 1, 1973, shall be exempt from Colorado income tax.
C.R.S. § 23-71-515 Form of bonds
23-71-515. Form of bonds. The bonds issued under the provisions of this part 5 shall be numbered consecutively, beginning with number one. The board of trustees of the district is authorized to prescribe the form of such bonds. Said bonds shall recite that they are issued pursuant to this part 5, and said bonds shall be signed by the president of the board of trustees, bear an impression of the seal of the district, and be attested by signature of the secretary. Coupons, if any, evidencing the interest thereon shall bear the signature of the president of the board of trustees, which may be affixed by him in person, or it may be an engraved or lithographed facsimile thereof. At the discretion of the board of trustees, any bonds may be issued with privileges for registration of such bonds for payment as to principal, interest, or both. In the execution of bonds authorized pursuant to this part 5, the board of trustees may provide for the use of facsimile signatures and facsimile seals in the manner set forth in article 55 of title 11, C.R.S.
C.R.S. § 23-71-516 Sale at less than par - discount
23-71-516. Sale at less than par - discount. If it is found to be in the best interest of the district, the board of trustees may issue such bonds and accept therefor less than their face value; but such bonds shall be sold at a price such that the net effective interest rate for the issue of bonds does not exceed the maximum net effective interest rate approved by the voters in the election authorizing such bonds.
C.R.S. § 23-71-517 Board of trustees to certify needed revenues
23-71-517. Board of trustees to certify needed revenues. (1) If the board of trustees has issued any of said bonds at the time of certifying to the board of county commissioners a statement showing the amount necessary to raise from the taxable property of said district for the general fund as required by law, it shall also certify to said board of county commissioners the amount needed for its bond redemption fund to pay all installments of principal and interest of said bonds, which, according to their terms, have already become due and payable or shall become due and payable during the next ensuing fiscal year, or both, together with such additional amount, if any, as, in the judgment of the board of trustees, is desirable to raise from the taxable property of said district for the purpose of redeeming, during the said ensuing fiscal year, any of said bonds which are redeemable but not due.
(2) The board of trustees has the authority to include in each amount certified for said bond redemption fund an amount to create a reserve for the redemption of bonds in future years prior to their maturities or for purchasing at a discount and cancellation any bond on which the interest is being paid from the current district debt service mill levy; but said reserve shall be restricted to the subsidiary account in the bond redemption fund for which said tax levy was made. A total of not more than one mill on the then current valuation for assessment may be carried in the reserve at any one time to be available for prior redemption purposes.
C.R.S. § 23-71-518 Tax levy to pay principal and interest
23-71-518. Tax levy to pay principal and interest. (1) If any district has issued bonds under the provisions of this part 5, it is the duty of the board of county commissioners of the county in which said district is situated, at the time of levying other district taxes, to levy a tax on all the taxable property of said district at a rate sufficient to produce such amount as has been certified by the board of trustees of said district for the purpose of paying bonds not yet due, as provided in section 23-71-517.
(2) Except when said district has sufficient moneys or securities in a refunding escrow account to satisfy the bonded indebtedness obligations which will be due and payable during said district's next ensuing fiscal year, if the board of trustees fails to certify such an amount to the board of county commissioners as required by section 23-71-517, the board of county commissioners, nevertheless, shall levy upon the appropriate taxable property of said district a tax in addition to the taxes levied for other purposes in an amount sufficient to pay all installments of principal and interest of said bonds that shall become due during the next ensuing fiscal year or, if said bonds do not become due and payable in series at different times, in an amount sufficient to pay all installments of interest then to become due and the aforesaid portion of principal.
(3) The amount certified pursuant to section 23-71-517 and the rate of the tax levy required by this section shall be sufficient to cover any deficiency which may occur by reason of delinquent payment of taxes.
(4) The county treasurer shall not collect any fee on the moneys received by virtue of a tax levied pursuant to this section or by virtue of his office having been designated as the place of payment or optional place of payment for bonds issued under this part 5 or under part 6 of this article, nor shall he collect any fee on any moneys received from any other source to pay bonds or interest thereon.
C.R.S. § 23-71-519 Bond fund - payment and redemption
23-71-519. Bond fund - payment and redemption. (1) Such taxes shall be collected in the same manner as district taxes and when collected shall be placed by the county treasurer in the bond redemption fund of said district. The moneys in said fund shall be used only for payment of interest upon and for the redemption of such bonds, upon orders signed and countersigned in the manner provided by law for the execution of other district orders; but the board of trustees of said district may withdraw any or all of such moneys credited to said fund which are temporarily not needed to satisfy the obligations of bonded indebtedness, for the purpose of depositing or investing such moneys in the manner prescribed by law.
(2) Redemption of said bonds prior to the respective maturities thereof may be made in either direct or inverse numerical order as determined by the board of trustees in the resolution authorizing the issuance of said bonds and set forth on the face of said bonds. Notice of the redemption of said bonds, prior to maturity, shall be made in the manner prescribed in said bond resolution. In the absence of such prescribed manner in the bond resolution, a redemption prior to maturity shall be made in the following manner: When authorized by the board of trustees, the treasurer of said board shall advertise in some newspaper published in the district once a week for two consecutive weeks that on a certain day, named in said advertisement, not less than four weeks after the time of the first publication thereof, he will redeem certain of said bonds therein described by number, amount, and date of issue thereof and that the principal, interest to redemption date, and redemption premium, if any, of said bonds will be paid in accordance with the bond resolution authorizing such bonds. The notice shall indicate also that, after the day so fixed for redemption, the interest on the bonds shall cease. After the day of redemption so fixed in said notice the bonds so advertised and called to be redeemed shall cease to draw interest.
(3) If the bonds are made payable at the office of the county treasurer, any redemption of such bonds shall also be made at the office of the county treasurer of the county, who shall make a notation of such payment or redemption upon his books.
(4) If the bonds are made payable at some place other than the office of the county treasurer, such bonds shall be redeemable at the place where payable, and the treasurer of the board of trustees shall, immediately after the payment or redemption, inform the county treasurer that certain bonds, describing them by number, amount, and date of issue, have been paid or redeemed and canceled, and said county treasurer shall make a record of such payment or redemption upon his books.
(5) In all cases bonds when paid or redeemed shall be canceled by the treasurer of the board of trustees and preserved by him and his successors for a period of one year after the date of their payment or redemption.
C.R.S. § 23-71-520 Place of payment
23-71-520. Place of payment. (1) The board of trustees is authorized to designate the office of the county treasurer of the county in which the headquarters of such district is situated as the place of payment or optional place of payment of the principal of or interest on any bonds issued by any such district or to designate any commercial bank or trust company as the place of payment or optional place of payment of the principal of or interest on any bonds issued by any such district, and the commercial bank or trust company so designated may be located either within or without this state.
(2) It is the duty of the board of trustees to cause sufficient moneys from said tax levy or refunding escrow account to be placed from time to time at the place of payment, or optional place of payment, designated on said bonds in an amount to satisfy the principal and interest obligations of said bonds as the same may become due and payable from time to time. It is the duty of the treasurer of said board to pay or cause to be paid the obligations of said bonds as the same may become due and payable, upon presentation of the bonds and coupons respectively evidencing such obligations, from any moneys to the credit of the appropriate account available for that purpose.
C.R.S. § 23-71-521 Registration of bonds
23-71-521. Registration of bonds. When any district issues bonds under the provisions of this part 5, the board of trustees may make and enter in its record a request that the county clerk and recorder of the county wherein the headquarters of such district is situated register the bonds in a book to be kept by him for that purpose. When so registered, the legality thereof shall not be open to contest by such district, or any person whomsoever, for any reason whatever. A certified copy of the order of the board of trustees, so made and entered of record, shall be furnished to the said county clerk and recorder by the said board, and, thereupon, it shall be his duty to register said bonds, noting the name of the district and the amount, the date of issuance and maturity, and the rate of interest of said bonds. He shall receive a fee of twenty-five dollars for registering each such issue.
C.R.S. § 23-71-522 Changes in boundaries - liability
23-71-522. Changes in boundaries - liability. (1) Nothing in this part 5 or in any other provision of law shall release the taxable property within a district which incurred bonded indebtedness from liability for its proportionate share of the outstanding obligations thereof.
(2) The taxable property located within the territory of a district which is dissolved shall be liable for its proportionate share of the bonded indebtedness incurred by the district.
(3) The taxable property of a district which is detached and annexed shall be liable for its proportionate share of the bonded indebtedness previously incurred by the annexing district.
C.R.S. § 23-71-523 Validation
23-71-523. Validation. All outstanding bonds and all acts and proceedings had or taken, or purportedly had or taken, prior to July 1, 1964, by or on behalf of any district under law or under color of law preliminary to and in the authorization, execution, sale, issuance, and payment of all such bonds are validated, ratified, approved, and confirmed, notwithstanding any lack of power or authority or otherwise, other than constitutional, and notwithstanding any defects and irregularities, other than constitutional, in such bonds, acts, and proceedings and in such authorization, execution, sale, issuance, and payment, including, without limiting the generality of the foregoing, such acts and proceedings appertaining to bonds, all or any part of which have not been issued nor purportedly issued.
C.R.S. § 23-71-524 Prior obligations not impaired
23-71-524. Prior obligations not impaired. Nothing in this part 5 shall impair the obligations of any bonds, or the refunding thereof, issued by a school district prior to July 1, 1964, or otherwise invalidate any such bond or the obligations or refunding thereof.
C.R.S. § 23-71-525 Public disclosure of terms of sale
23-71-525. Public disclosure of terms of sale. (1) When bonds are sold, the board of trustees of the district selling the same shall cause to be prepared and filed with the state board for community colleges and occupational education, within ten days after said sale, a report setting forth a description of the bond issue, the applicable interest rate, including the net effective interest rate, any other terms of the sale, and any applicable statistical, comparative bond market data, ratings, and indices relative to prevailing market conditions prior to and at the time of said sale and explaining the reasons why it was necessary, if it was, that the bonds be sold at a negotiated sale instead of by public competitive bidding. The state board for community colleges and occupational education may request additional information from the district or from the purchaser of the bonds regarding terms of the sale.
(2) One or more copies of said report shall be retained on file at the administrative headquarters of the district.
C.R.S. § 23-71-526 Validation
23-71-526. Validation. All elections and all acts and proceedings had or taken, or purportedly had or taken, prior to June 2, 1971, by or on behalf of any district, under law or under color of law, preliminary to and in the holding and canvass of all elections are validated, ratified, approved, and confirmed, notwithstanding any lack of power, authority, or otherwise and notwithstanding any defects or irregularities in such elections, acts, and proceedings.
C.R.S. § 23-71-527 Validation - effect - limitations
23-71-527. Validation - effect - limitations. (1) All bonds issued and other contracts, leases, or agreements executed by districts, all district bond elections held and carried, and all acts and proceedings had or taken prior to July 1, 1973, by or on behalf of such districts, preliminary to and in the authorization, execution, sale, and issuance of all bonds, the authorization and execution of all other contracts, leases, or agreements, and the exercise of other powers in section 23-71-504 are hereby validated, ratified, approved, and confirmed, notwithstanding any defects and irregularities, other than constitutional, in such bonds, acts, and proceedings, in such authorization, execution, sale, and issuance, and in such exercise of powers; and such bonds and other contracts, leases, or agreements are and shall be binding, legal, valid, and enforceable obligations of the district to which they appertain in accordance with their terms and their authorization proceedings.
(2) This section shall operate to supply such legislative authority as may be necessary to accomplish the validations provided and authorized in this section but shall be limited to validations consistent with all provisions of applicable law in effect at the time of such action or other matter. This article shall not operate to validate any action or other matter the legality of which is being contested or inquired into in any legal proceedings pending and undetermined prior to July 1, 1973, nor to validate any action or other matter which has been determined in any legal proceedings prior to July 1, 1973, to be illegal, void, or ineffective.
C.R.S. § 23-71-601 Definitions
23-71-601. Definitions. As used in this part 6, unless the context otherwise requires:
(1) "Board of trustees" means the governing body authorized by law to administer the affairs of any local college district.
(2) "District" means a local college district organized and existing pursuant to law.
(3) "Federal securities" means the bills, certificates of indebtedness, notes, or bonds which are direct obligations of, or the principal and interest of which obligations are unconditionally guaranteed by, the United States.
(4) "Net effective interest rate" of a proposed issue of refunding bonds means the net interest cost of said refunding issue divided by the sum of the products derived by multiplying the principal amounts of such refunding issue maturing on each maturity date by the number of years from the date of said proposed refunding bonds to their respective maturities. "Net effective interest rate" of an outstanding issue of bonds to be refunded means the net interest cost of said issue to be refunded divided by the sum of the products derived by multiplying the principal amounts of such issue to be refunded maturing on each maturity date by the number of years from the date of the proposed refunding bonds to the respective maturities of the bonds to be refunded. In all cases the net effective interest rate shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds.
(5) "Net interest cost" of a proposed issue of refunding bonds means the total amount of interest to accrue on said refunding bonds from their date to their respective maturities, less the amount of any premium above par at which said refunding bonds are being or have been sold. "Net interest cost" of an outstanding issue of bonds to be refunded means the total amount of interest which would accrue on said outstanding bonds from the date of the proposed refunding bonds to the respective maturity dates of said outstanding bonds to be refunded. In all cases the net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds.
C.R.S. § 23-71-602 Refunding bonds may be issued
23-71-602. Refunding bonds may be issued. (1) Any district in this state may issue negotiable coupon bonds to be denominated refunding bonds for the purpose of refunding any of the bonded indebtedness of such district, whether said indebtedness is due or not due or has or may hereafter become payable or redeemable at the option of such district, or by consent of the bondholders, or by any lawful means, whether such bonded indebtedness be now existing or may hereafter be created.
(2) The bonded indebtedness of any district outstanding at the time of the inclusion of all such district's territory in another district, by reorganization, consolidation, dissolution, or any other lawful means, may be refunded by action of the board of trustees of the district, including such territory at the time of such refunding, whether or not such indebtedness has been assumed by the district including such territory.
(3) When an entire district having outstanding bonded indebtedness has been divided and parts thereof included within two or more other districts by any lawful means, the refunding of such indebtedness shall require affirmative action by a majority of the members of the boards of trustees of each of the districts within which any part of the territory of such district owing said indebtedness is then included, except as is provided in this part 6 to the contrary.
(4) The bonded indebtedness of any district outstanding at the time any territory of said district is detached therefrom by any lawful means, and which district has retained its lawful corporate existence subsequent to the detachment of such territory from said district, may be refunded by action of the board of trustees of such district from which territory has been detached with or without concurrence or action by the board of trustees of the district within which said detached territory is included. Such districts from which territory has been detached and which retain their corporate existence subsequent to detachment are specifically exempted from the requirements and provisions of subsection (3) of this section.
(5) Any such refunding bonds may be issued to refund any issues of outstanding bonds; but no two or more issues of outstanding bonds may be refunded by a single issue of refunding bonds unless the taxable property upon which tax levies are being made for payment of each such outstanding issue of bonds is identical to the taxable property on which such levies are being made for the payment of all other outstanding bonds proposed to be refunded by such single issue of refunding bonds.
C.R.S. § 23-71-603 Question of issuing refunding bonds
23-71-603. Question of issuing refunding bonds. (1) When the board of trustees of any district deems it expedient to issue refunding bonds under the provisions of this part 6 and the net effective interest rate and the net interest cost of said issue of refunding bonds do not exceed the net effective interest rate and the net interest cost of the outstanding bonds to be refunded, such refunding bonds may be issued without the submission of the question of issuing the same at an election held in accordance with part 5 of this article. If two or more issues of outstanding bonds of a district are to be refunded by the issuance of a single issue of refunding bonds, as provided in section 23-71-602 (5), the net interest cost and net effective interest rate on the bonds to be refunded shall be computed as if all of said bonds had originally been combined as a single issue aggregating the total of the smaller issues, and the results of this computation shall be compared with the net interest cost and net effective interest rate on the whole of the single refunding issue for purposes of determining the necessity of submitting the question of issuing such refunding bonds at an election held in accordance with part 5 of this article.
(2) If any district proposes to issue refunding bonds, on which issue the net interest cost or net effective interest rate exceeds the net interest cost or net effective interest rate of the outstanding bonds to be refunded, the board of trustees shall submit the question of issuing such refunding bonds and the maximum net interest cost and maximum net effective interest rate at which such refunding bonds may be issued at the regular biennial election or at a special election called for that purpose. Any such election shall be called and held as nearly as may be in accordance with part 5 of this article for elections on the question of the issuance of other bonds of the issuing district.
C.R.S. § 23-71-604 Authorization - form - interest
23-71-604. Authorization - form - interest. (1) Such refunding bonds shall be authorized by a resolution fixing the date, the denominations, the rate of interest on individual bonds, the maturity dates which shall not be more than twenty-five years after the date of such refunding bonds, and the place of payment, within or without the state of Colorado, of both principal and interest and prescribing the form of such refunding bonds. Such bonds shall be negotiable in form and executed in the same manner as prescribed for other school district bonds. At the discretion of the board of trustees, any such bonds may be issued with privileges for registration for payment as to principal or interest, or both.
(2) The interest accruing on such refunding bonds may be evidenced by interest coupons thereto attached in substantially the same form as prescribed for other school district bonds, and, when so executed, such coupons shall be the binding obligations of the district according to their import. Such refunding bonds shall mature serially, commencing not later than five years after the date of such bonds and maturing during a period not exceeding twenty-five years after the date thereof. The amount of such maturities shall be fixed by the board of trustees and specified in the resolution authorizing the issuance of the refunding bonds. The right to redeem all or part of said bonds prior to their maturity, and the order of any such redemption, may be reserved in the resolution authorizing the issuance of bonds and shall be set forth on the face of said bonds. Interest on local college district refunding bonds issued on or after July 1, 1973, shall be exempt from Colorado income tax.
C.R.S. § 23-71-605 Sale - proceeds - amounts
23-71-605. Sale - proceeds - amounts. Such refunding bonds may be exchanged for the bonds to be refunded, or they may be sold at, above, or below their par value; but such refunding bonds shall be exchanged or sold at a price such that the net interest cost and the net effective interest rate for the issue of refunding bonds does not exceed the net interest cost and the net effective interest rate of the outstanding bonds to be refunded or the maximum net effective interest rate and net interest cost approved by the voters, as the case may be. Such refunding bonds shall be in a principal amount not exceeding the principal amount of the bonds to be refunded, as directed by the board of trustees, and the proceeds thereof shall be applied only to the purpose for which such refunding bonds were issued. The principal amount of said refunding bonds may be the same as or less than the principal amount of the bonds to be refunded, if due, adequate, and sufficient provision has been made for the payment or redemption and retirement of said bonds to be refunded and the payment of the interest accruing thereon in accordance with this part 6.
C.R.S. § 23-71-606 Needed revenues - tax levy - miscellaneous
23-71-606. Needed revenues - tax levy - miscellaneous. (1) Whenever a board of trustees issues refunding bonds under the provisions of this part 6, sections 23-71-517 to 23-71-521 shall be applicable to said refunding bonds and the procedures therefor, in the same manner as prescribed for other district bonds; except that any such refunding bonds shall be payable from the same funds which are to be derived from the same source as would have been used to pay the original bonds if no refunding thereof had occurred.
(2) After refunding bonds are issued pursuant to this part 6, the resolution authorizing the same and providing for the levy of taxes for the payment of interest upon and the principal of such refunding bonds shall not be altered or repealed until the refunding bonds so authorized have been fully paid.
C.R.S. § 23-71-607 Application of bond proceeds - procedures - limitations
23-71-607. Application of bond proceeds - procedures - limitations. (1) The proceeds derived from the issuance of any refunding bonds under the provisions of this part 6 shall either be immediately applied to the payment or redemption and retirement of the bonds to be refunded and the cost and expense incident to such procedures or shall immediately be placed in escrow to be applied to the payment of said bonds upon their presentation therefor and the costs and expenses incident to such proceedings and for no other purpose whatsoever until the bonds being refunded have been paid in full and discharged and all accrued interest thereon has also been paid in full, upon which occurrences the escrow shall terminate, and any moneys remaining therein shall be returned to the district's bond redemption fund.
(2) Any such escrowed proceeds, pending such use, may be invested or, if necessary, reinvested only in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S., maturing at such times as to insure the prompt payment of the bonds refunded under the provisions of this part 6 and the interest accruing thereon.
(3) Such escrowed proceeds and investments, together with any interest to be derived from such investments, shall be in an amount which at all times is sufficient to pay the bonds refunded as they become due at their respective maturities or as they are called for redemption and payment on prior redemption dates, as to principal, interest, any prior redemption premium due, and any charges of the escrow agent payable therefrom. The computations made in determining such sufficiency shall be verified by a certified public accountant.
(4) For the purpose of implementing the provisions of this part 6, the committee of any district has the power to enter into escrow agreements and to establish escrow accounts with any commercial bank having full trust powers located within the state of Colorado and a member of the federal deposit insurance corporation under protective covenants and agreements whereby such accounts shall be fully secured by securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S., or shall be invested in such securities only, in such amounts as will be sufficient and maturing at such times so as to insure the prompt payment of the bonds refunded and the interest accruing thereon, under the provisions of this part 6.
(5) In no event shall the aggregate amount of bonded indebtedness of any district exceed the maximum allowable amount as determined pursuant to section 23-71-504; except that in determining and computing such aggregate amount of bonded indebtedness of any district, bonds which have been refunded, as provided in this part 6, either by immediate payment or redemption and retirement or by the placement of the proceeds of refunding bonds in escrow, shall not be deemed outstanding indebtedness from and after the date on which sufficient moneys are placed with the paying agent of such outstanding bonds for the purpose of immediately paying or redeeming and retiring such bonds or from and after the date on which the proceeds of said refunding bonds are placed in escrow.
(6) The issuance of refunding bonds by any district for the purposes of and in the manner authorized by this part 6, or by the provisions of any other law, shall never be interpreted or taken to be the creation of an indebtedness such that the same would require the approval at an election held in accordance with part 5 of this article, and no such approval shall be required for the issuance of such refunding bonds except as is specifically required by the law under which said refunding bonds are sought to be issued or have been issued.
ny other law, shall never be interpreted or taken to be the creation of an indebtedness such that the same would require the approval at an election held in accordance with part 5 of this article, and no such approval shall be required for the issuance of such refunding bonds except as is specifically required by the law under which said refunding bonds are sought to be issued or have been issued.
(7) No bonds may be refunded under the provisions of this part 6 unless the holders thereof voluntarily surrender said bonds for immediate exchange or immediate payment or unless said bonds either mature or are callable for redemption prior to their maturity under their terms within ten years after the date of issuance of the refunding bonds, and provisions shall be made for paying or redeeming and discharging all of the bonds refunded within said period of time.
(8) No bonds shall be refunded under the provisions of this part 6 within a period of one year following the actual issuance and delivery thereof to their initial purchasers unless the proceeds of said refunding bonds are immediately applied to the payment or redemption and retirement of the bonds being refunded.
(9) No bonds shall be issued under the provisions of this part 6 for the purpose of refunding any refunding bonds unless the original bonds refunded by said refunding bonds have previously been paid or redeemed and retired.
C.R.S. § 23-71-608 Reports
23-71-608. Reports. Each district which issues refunding bonds under the provisions of this part 6 shall file a report within sixty days after the issuance of said bonds with the state board for community colleges and occupational education. The report shall indicate the principal amount of bonds refunded, the net effective interest rate of both the bonds refunded and the refunding bonds, the net interest cost of both the bonds refunded and the refunding bonds, all district costs incident to the issuance of refunding bonds, including those of the escrow agent, and such other items as may be determined by the state board for community colleges and occupational education.
C.R.S. § 23-71-609 Validation
23-71-609. Validation. All outstanding bonds and all acts and proceedings had or taken, or purportedly had or taken, prior to July 1, 1964, by or on behalf of any district under law or under color of law preliminary to and in the authorization, execution, sale, issuance, and payment of such bonds are validated, ratified, approved, and confirmed, notwithstanding any lack of power or authority, or otherwise, other than constitutional, and notwithstanding any defects and irregularities, other than constitutional, in such bonds, acts, and proceedings and in such authorization, execution, sale, issuance, and payment, including, without limiting the generality of the foregoing, such acts and proceedings appertaining to bonds, all or any part of which have not been issued nor purportedly issued.
C.R.S. § 23-71-610 Prior obligations not impaired
23-71-610. Prior obligations not impaired. Nothing in this part 6 shall impair the obligations of any bonds, or the refunding thereof, issued by a district prior to July 1, 1964, or otherwise invalidate any such bond or the obligations or refunding thereof.
C.R.S. § 23-71-701 Short title
23-71-701. Short title. This part 7 shall be known and may be cited as the "Local District College Revenue Securities Law".
C.R.S. § 23-71-702 Definitions
23-71-702. Definitions. As used in this part 7, unless the context otherwise requires:
(1) "Committee" means the governing body of a district or any successor governing body of the district.
(2) "District" means any local college district operating pursuant to the laws of this state.
(3) "Facilities" means buildings, structures, or other income-producing facilities from the operation of which or in connection with which pledged revenues for the payment of any securities issued under this part 7 are derived, including without limitation any facilities to be acquired with the proceeds of the securities issued under this part 7.
(4) "Net revenues" or "net pledged revenues" means all pledged revenues after the deduction of operation and maintenance expenses.
(5) (a) "Operation and maintenance expenses" means such reasonable and necessary current expenses of the district, paid or accrued, of operating, maintaining, and repairing the facilities pertaining to the pledged revenues for the payment of the securities issued under this part 7, as may be determined by a committee, and the term may include, at a committee's option, except as limited by contract or otherwise limited by law, without limiting the generality of the foregoing:
(I) Legal and overhead expenses of the various district departments directly related and reasonably allocable to the administration of the facilities;
(II) Fidelity bond and insurance premiums appertaining to the facilities or a reasonably allocable share of a premium of any blanket bond or policy pertaining to the facilities;
(III) The reasonable charges of any paying agent or depository bank appertaining to any securities issued by a district or appertaining to any facilities;
(IV) Contractual services, professional services, salaries, administrative expenses, and costs of labor appertaining to facilities;
(V) The costs incurred by a district in the collection of all or any part of the pledged revenues, including without limitation revenues appertaining to any facilities;
(VI) Any costs of utility services furnished to the facilities by the district or otherwise.
(b) "Operation and maintenance expenses" does not include:
(I) Any allowance for depreciation;
(II) Any costs of reconstruction, improvements, extensions, or betterments;
(III) Any accumulation of reserves for capital replacements;
(IV) Any reserves for operation, maintenance, or repair of any facilities;
(V) Any allowance for the redemption of any bond securities evidencing a loan or other obligations, or the payment of any interest thereon;
(VI) Any liabilities incurred in the acquisition or improvement of any properties comprising any project or any existing facilities, or any combination thereof;
(VII) Any other ground of legal liability not based on contract.
e, or repair of any facilities;
(V) Any allowance for the redemption of any bond securities evidencing a loan or other obligations, or the payment of any interest thereon;
(VI) Any liabilities incurred in the acquisition or improvement of any properties comprising any project or any existing facilities, or any combination thereof;
(VII) Any other ground of legal liability not based on contract.
(6) (a) "Pledged revenues" means the moneys pledged wholly or in part for the payment of securities issued under this article and, subject to any existing pledges or other contractual limitations, may include, at a committee's discretion, any grants, appropriations, or other donations from the United States or its agencies or from any other donor, except the state or its agencies or political subdivisions, and income or moneys derived from one, all, or any combination of the following revenue sources, including without limitation student fees and other fees, rates, and charges appertaining thereto and for the development thereof:
(I) Dormitories, apartments, and other housing facilities;
(II) Cafeterias, dining halls, and other food service facilities;
(III) Student union and other student activities facilities;
(IV) Store or other facilities for the sale or lease of books, stationery, student supplies, faculty supplies, office supplies, and like material;
(V) Theater, gymnasium, fieldhouse, stadium, arena, and other recreation or athletic facilities for use in part by spectators or otherwise;
(VI) Land and any structures, other facilities, or improvements thereon used or available for use for the parking of vehicles used for the transportation by land or air of persons to or from such land and any improvements thereon;
(VII) Properties providing heat or any other utility furnished by a district to any facilities on campus;
(VIII) Services, contracts, investments, and other miscellaneous unrestricted sources of income not designated in this part 7, whether presently realized or to be realized, and accounted for in a miscellaneous sales and services fund or account.
(b) "Pledged revenues" does not include income or moneys derived in connection with any of the following:
(I) Any tuition charges and registration fees;
(II) The levy of any general (ad valorem) property taxes;
(III) Any grants, appropriations, or other donations from the state, its agencies, or its political subdivisions.
(7) "Registration fees" means any charges paid by any student for the privilege of registering for attendance at a local district college in a district, except for any charges appertaining to those revenue sources set forth in subsection (6)(a) of this section.
(8) "Securities" means bonds and interim securities authorized to be issued under this part 7 in the name of and on the behalf of a district.
(9) "Tuition charges" means the price of or payment for general and special instruction of students as defined and determined from time to time by the committee.
C.R.S. § 23-71-703 Power to issue securities
23-71-703. Power to issue securities. (1) The committee of any district, pursuant to authorizing resolution and subject to the provisions and contractual limitations in resolutions authorizing outstanding revenue bonds and other securities of the district, may issue, without an election, securities to defray, in whole or in part, the cost of a project in the manner provided in and subject to the limitations imposed by this part 7.
(2) The project may be the acquisition, by purchase, construction, or otherwise, the improvement, or the equipment, or any combination thereof, of any dormitory, faculty or student housing unit, dining hall, recreational center, student center, laboratory, classroom, classroom building, administrative office, administrative building, swimming pool, gymnasium, athletic field, stadium, and any other building, structure, or land necessary or desirable for use in connection with a local district college of a district.
(3) The cost of the project may include, in the committee's discretion, all incidental costs pertaining to the project and the financing thereof, including, without limitation, contingencies and the capitalization with proceeds of securities of operation and maintenance expenses appertaining to facilities to be acquired and interest on the securities for any period not exceeding the period estimated by the committee to effect the project plus one year, of any discount on the securities and of any reserves for payment of principal of and interest on the securities.
C.R.S. § 23-71-704 Interim securities
23-71-704. Interim securities. The committee may issue interim securities, which may be designated "bonds", "notes", or "warrants", evidencing any emergency loans, construction loans, and other temporary loans of not exceeding three years, in supplementation of long-term financing, such interim securities to be funded with the proceeds of long-term securities, net pledged revenues, or further interim securities, or any combination thereof, as the committee may determine.
C.R.S. § 23-71-705 Terms of securities
23-71-705. Terms of securities. (1) Except to the extent inconsistent with this part 7, any securities issued under this part 7 for any project shall be issued in the form and manner and with the effect provided in sections 11-54-111 and 11-54-112, C.R.S., for public securities issued under the "Refunding Revenue Securities Law".
(2) The authorizing resolution, trust indenture, or other instrument appertaining thereto may contain any of the covenants, and the committee may do such acts and things as are permitted in section 11-54-113, C.R.S., of the "Refunding Revenue Securities Law".
(3) Revenue obligations issued to refund revenue bonds of a district and to refund securities issued under this part 7 may be issued under the "Refunding Revenue Securities Law".
C.R.S. § 23-71-706 Payable from special fund
23-71-706. Payable from special fund. The securities shall be payable and collectible, as to principal, interest, and any prior redemption premium, solely out of net pledged revenues; the holder thereof may not look to any general or other fund for such payment of such securities, except the net revenues pledged therefor; the securities shall not constitute an indebtedness or a debt within the meaning of any constitutional or statutory provision or limitation, if any such provision or limitation appertains thereto; the securities shall not be considered or held to be general obligations of the district but shall constitute its special obligations; and the full faith and credit of the district shall not be pledged for their payment. Such payment shall not be secured by an encumbrance, mortgage, or other pledge of property of the district, except for its pledged revenues. No property of the district, subject to said exception, shall be liable to be forfeited or taken in payment of securities.
C.R.S. § 23-71-707 Recital of regularity
23-71-707. Recital of regularity. A resolution providing for the issuance of bonds or other securities under this part 7 or an indenture or other proceedings appertaining thereto may provide that the securities contain a recital that they are issued pursuant to this part 7, which recital shall be conclusive evidence of their validity and the regularity of their issuance.
C.R.S. § 23-71-708 Committee determination conclusive
23-71-708. Committee determination conclusive. The determination of the committee that the limitations imposed under this part 7 upon the issuance of securities under this part 7 have been met shall be conclusive in the absence of fraud or arbitrary and gross abuse of discretion, regardless of whether the authorizing resolution or the securities thereby authorized contain a recital as authorized by section 23-71-707.
C.R.S. § 23-71-709 No impairment of contract
23-71-709. No impairment of contract. Nothing in this part 7 or in any other law shall impair the existing obligations of contract embodied in outstanding revenue bonds validly issued under the statutes in force at the times of their issue prior to July 1, 1967.
C.R.S. § 23-71-710 Tax exemption
23-71-710. Tax exemption. Bonds and other securities issued under the provisions of this part 7, their transfer, and the income therefrom are exempt from taxation by this state or any subdivision thereof.
C.R.S. § 23-71-711 Construction
23-71-711. Construction. (1) This part 7, without reference to other statutes of this state, except as otherwise expressly provided in this part 7, constitutes full authority for the exercise of the incidental powers granted in this part 7 concerning the borrowing of money to defray wholly or in part the cost of any project and the issuance of securities to evidence such loans.
(2) No other act or law with regard to the authorization or issuance of securities or the exercise of any other power granted in this part 7 that requires an approval or in any way impedes or restricts the carrying out of the acts authorized to be done in this part 7 shall be construed as applying to any proceedings taken under this part 7 or acts done pursuant thereto, except as otherwise provided in this part 7.
(3) The powers conferred by this part 7 shall be in addition and supplemental to, and not in substitution for, and the limitations imposed by this part 7 shall not affect the powers conferred by any other law.
(4) Nothing in this part 7 shall prevent the exercise of any power granted to the committee or to a district acting by and through its committee, or any officer, agent, or employee thereof, by any other law.
(5) No part of this part 7 shall repeal or affect any other law or part thereof, it being intended that this part 7 provide a separate method of accomplishing its objectives and not an exclusive one; and this part 7 shall not be construed as repealing, amending, or changing any such other law.
C.R.S. § 23-71-712 Liberal construction
23-71-712. Liberal construction. This part 7, being necessary to secure the public health, safety, convenience, and welfare, shall be liberally construed to effect its purposes.
C.R.S. § 23-71-713 Validation
23-71-713. Validation. All pledges of pledged revenues (including but not necessarily limited to grants, appropriations, and other donations from the United States or its agencies and any other donor, except the state or its agencies or political subdivisions) made to the payment of revenue bonds of local college districts and community and technical colleges prior to April 5, 1973, and all revenue bonds of local college districts and community and technical colleges which were issued prior to said date are validated, ratified, approved, and confirmed.
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