§ 30-11-307 — County authority relating to landfill gas

Colorado § 30-11-307

• Jurisdiction: Colorado
• Title 30: Government
• Art.: County Powers and Functions

Text

(1) To accomplish the
purposes specified in section 30-11-306, counties are granted the following powers:

(a) To acquire, hold, use, transfer, and convey any real property or any
interest therein for purposes of landfill gas exploration, production, and
development;

(b) To engage in any and all activities respecting the exploration,
development, production, distribution, marketing, and sale of landfill gas to any
person or public or private entity, or for county uses;

(c) (I) To acquire by gift, purchase, or condemnation necessary easements
and rights-of-way, for ingress and egress and for the installation of facilities
related to collection and distribution of landfill gas; except that the power of
condemnation granted in this paragraph (c) shall not extend to acquisition of
landfill gas in place nor shall such power be available to a county until the county
has entered into a contract with the owner of such landfill gas for the development,
extraction, and purchase of such landfill gas, and except that such condemnation
shall not interfere with the normal use of any real property, or other property
appurtenant thereto, which is devoted or dedicated to a public utility use or upon
which landfill gas abatement or recovery facilities have been placed in operation
and shall be limited to the maximum reasonable width or area necessary to install,
operate, and maintain such rights-of-way, ingress and egress, and collection and
distribution facilities.

(II) Any interest in real property acquired by condemnation pursuant to this
paragraph (c) shall terminate upon the completion of use of such real property, or
any interest therein, for landfill gas operations, and any such condemnation shall be
in the manner provided in part 1 of article 6 of title 38, C.R.S.

(d) To enter into contracts, including intergovernmental contracts, and to
perform all acts necessary to produce, distribute, and market landfill gas;

(e) To issue general obligation bonds, after approval of the qualified electors
of the county, for purposes of financing the exploration, development, production,
distribution, and marketing of landfill gas;

(f) To issue revenue bonds authorized by action of the board of county
commissioners, without the approval of the qualified electors of the county, for
purposes of financing the exploration, development, production, distribution, and
marketing of landfill gas. Such revenue bonds shall be issued in the manner
provided in part 4 of article 35 of title 31, C.R.S., for the issuance of revenue bonds
by municipalities; except that such revenue bonds may be sold in one or more series
at par, or below or above par, at public or private sale, in such manner and for such
price as the county, in its discretion, shall determine. Such revenue bonds and
interest coupons, if any, appurtenant thereto shall never constitute the debt or
indebtedness of the county within the meaning of any provision or limitation of the
state constitution or statutes, and shall not constitute nor give rise to a pecuniary
liability of the county or a charge against its general credit or taxing powers, and
such revenue bonds and the income therefrom are exempt from taxation, except
inheritance, estate, and transfer taxes.

Legislative History

Source: L. 80: Entire section added, p. 652, � 3, effective July 1.