§ 30-20-503 — Definitions

Colorado § 30-20-503

• Jurisdiction: Colorado
• Title 30: Government
• Art.: Public Improvements

Text

As used in this part 5, unless the context otherwise
requires:

(1) (a) (I) (A) An elector of a district is a person who, at the designated time
or event, is registered to vote in accordance with the Uniform Election Code of
1992, articles 1 to 13 of title 1, C.R.S.; and

(B) Who is a resident of the district or the area to be included in the district;
or

(C) Who or whose spouse or civil union partner owns taxable real or personal
property within the district or the area to be included in the district whether or not
said person resides within the district.

(II) Where the owner of taxable real or personal property specified in sub-subparagraph (C) of subparagraph (I) of this paragraph (a) is not a natural person,
an elector of the district shall include a natural person designated by such owner
to vote for such person. Such designation shall be in writing and filed with the
county clerk and recorder. Only one such person may be designated by an owner.

(b) A taxpaying elector of a district is an elector of a district who or whose
spouse or civil union partner owns taxable real or personal property within the
district or the area to be included within the district, whether or not said person
resides within the district. Where the owner of taxable real or personal property
specified in this paragraph (b) is not a natural person, a taxpaying elector of the
district shall include a natural person designated by such owner to vote for such
person. Such designation shall be in writing and filed with the county clerk and
recorder. Only one person may be designated by an owner.

(c) A person who is obligated to pay general taxes under a contract to
purchase real property within the district shall be considered an owner within the
meaning of this subsection (1). The ownership of property on which a specific
ownership tax is paid pursuant to law shall not qualify a person as an elector nor as
a taxpaying elector. Taxable property means real or personal property subject to
general ad valorem taxes.

(d) Registration pursuant to the general election laws or any other laws shall
not be required.

(2) Governing body means a board of county commissioners in a county.

(3) Improvement district, referred to in this part 5 as a district, means a
taxing unit that may be created by any county in this state for the purpose of
constructing, installing, acquiring, operating, or maintaining any public
improvement or for the purpose of providing any service so long as the county that
forms the district is authorized to perform such service or provide such
improvement under the county's home rule charter, if any, or the laws of this state,
and except as otherwise provided in this subsection (3). Public improvement or
service shall not include any facility identified in section 30-20-101 (8) or (9), nor
shall the terms include services identified in section 30-15-401 (4) to (7.7) unless
the district provides such services consistent with part 4 of article 15 of this title.
No such district shall provide the same improvement or service as an existing
special district within the territory of such existing special district unless the
existing special district consents. A district may consist of noncontiguous tracts or
parcels and may be organized wholly or partially within an existing special district if
it is not providing the same service as the special district. For purposes of this part
5, a district may be created by or within a county for the purpose of constructing,
installing, acquiring, operating, maintaining or providing fire protection regardless
of whether or not the county is authorized to provide fire protection improvements
or services. For purposes of this subsection (3), fire protection shall have the
same meaning as firehouses, equipment, and firefighters as described in section
30-35-201 (22).

(4) Publication, if no manner of publication is specified, means publication
once a week for three consecutive weeks in a newspaper of general circulation in
the district. It shall not be necessary that publication be made on the same day of
the week in each of the three consecutive weeks, but not less than fourteen days,
excluding the day of first publication, shall intervene between the day of the first
publication and the day of the last publication, and publication shall be complete on
the day of the last publication.

Legislative History

Source: L. 68: p. 162, � 3. C.R.S. 1963: � 36-25-3. L. 69: p. 234, � 1. L. 70: p. 141, � 10. L. 71: p. 336, � 2. L. 81: Entire section amended, p. 1454, � 1, effective May 27. L. 85: (5) amended, p. 1069, � 1, effective April 24. L. 90: (3) amended, p. 1458, � 1, effective March 22. L. 96: (1)(a) amended, p. 1767, � 60, effective July 1. L. 99: (3) amended, p. 506, � 1, effective April 30. L. 2002: (1)(a) and (1)(b) amended, p. 267, �� 1, 2, effective August 7. L. 2005: (3) amended, p. 265, � 1, effective August 8. L. 2014: (1)(a)(I) and (1)(b) amended, (HB 14-1164), ch. 2, p. 57, � 8, effective February 18.