Chapter 8 - § 8.3 • SPECIFIC CHARACTERISTICS OF CERTAIN DISTRICTS

• Jurisdiction: Colorado

§ 8.3 • SPECIFIC CHARACTERISTICS OF CERTAIN DISTRICTS

The following is a summary of specific characteristics of three of the main districts that a planner is likely to encounter:

METROPOLITAN DISTRICTS (a form of Title 32 special district) C.R.S. §§ 32-1-101 to 32-1-1807

PURPOSE

To provide two or more of the following facilities, programs, and services, C.R.S. § 32-1-103(10):

1. Fire protection;
2. Water (potable and/or nonpotable supply facilities);
3. Park and recreation;
4. Safety protection through traffic and safety controls, grade separations;
5. Sanitation or sewer services (including flood drainage);
6. Street improvements (including drainage);
7. Television relay and translator facilities;
8. Elimination and control of mosquitoes; and/or
9. Establish a system to transport the public by bus, rail, or other means of conveyance.

Metro districts may also provide:

10. Telephone line extensions (in commercial districts only), C.R.S. § 32-1-1004(1)(c);
11. Street lighting service, C.R.S. § 32-1-1004(1)(a);
12. Solid waste collection and disposal (C.R.S. § 32-1-1004(1)(k));
13. Security services (with the consent of the police or sheriff, C.R.S. § 32-1-1004(7));
14. Covenant enforcement (under certain conditions including the agreement of the HOA, C.R.S. § 32-1-1004(8));
15. Activities in support of business recruitment, management, or development, C.R.S. § 32-1-1004(9); and/or
16. Regional tourism projects (under certain conditions, C.R.S. § 32-1-1009).

POWERS

1. Have perpetual existence;
2. Have and use corporate seal;
3. Sue and be sued;
4. Enter into contracts, publically bid certain contracts;
5. Adopt rules and regulations;
6. Borrow money and incur indebtedness of the district; can issue revenue bonds;
7. Acquire, dispose of, and encumber real and/or personal property;
8. Issue and refund bonded indebtedness, with service plan and voter approval;
9. Manage, control, and supervise the business affairs of the district;
10. Appoint, hire, and retain agents, employees, engineers, and attorneys;
11. Fix and increase or decrease fees, rates, tolls, penalties, and charges;
12. Waive or amortize tap fees for affordable housing;
13. Impose a perpetual lien to collect its fees, charges, etc. against the property served;
14. Furnish services and facilities without the boundaries;
15. Accept real or personal property and gifts;
16. Exercise eminent domain and dominant eminent domain in certain circumstances;
17. Exercise necessary or incidental powers;
18. Authorize use of electronic records;
19. Create subdistricts to finance improvements;
20. Enter design-build contracts;
21. Give a limited personal property tax incentive for new or expanded business facilities; and
22. With certain approvals, collect a sales tax for street, safety, or transportation purposes.

MAJOR CREATION STEPS

1. Service plan is filed

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