§ 31-15-713 — Power to sell public works - real property

Colorado § 31-15-713

• Jurisdiction: Colorado
• Title 31: Government
• Art.: Exercise of Municipal Powers

Text

(1) The governing
body of each municipality has the power:

(a) To sell and dispose of waterworks, ditches, gasworks, geothermal
systems, solar systems, electric light works, or other public utilities, public
buildings, real property used or held for park purposes, or any other real property
used or held for any governmental purpose. Before any such sale is made, the
question of said sale and the terms and consideration thereof shall be submitted at
a regular or special election and approved in the manner provided for authorization
of bonded indebtedness by section 31-15-302 (1)(d).

(b) To sell and dispose of, by ordinance, any other real estate, including land
acquired from the federal government, owned by the municipality upon such terms
and conditions as the governing body may determine at a regular or special
meeting. With respect to such land acquired from the federal government, which
land is located within or contiguous to the municipality, such terms and conditions
shall be designed to prevent speculation and assure that benefits accrue to the
municipality when the sale or disposition of said land is for municipal expansion or
residential purposes. Nothing in this paragraph (b) or in section 31-15-101 (1) shall be
construed to invalidate the acceptance of federal land by a municipality or the sale
and disposal by a municipality of land acquired from the federal government, where
such acceptance or disposal was consummated prior to April 1, 1976, and municipal
authority for any such acceptance or disposal is hereby confirmed.

(c) To lease any real estate, together with any facilities thereon, owned by
the municipality when deemed by the governing body to be in the best interest of
the municipality. Any lease for a period of more than one year shall be by ordinance.
Any lease for one year or less than one year shall be by resolution or ordinance.

(2) All leases and deeds of conveyance executed and acknowledged by the
proper officers of such municipalities and purporting to have been made pursuant
to the provisions of this section shall be deemed prima facie evidence of due
compliance with all the requirements of this section.

(3) Any town holding title to any land settled and occupied as the site of
such town pursuant to and by virtue of the act of congress entitled An Act for the
relief of the inhabitants of cities and towns upon the public lands., approved March
2, 1867, 43 U.S.C. sections 718-723, and an act of congress entitled An Act
respecting the limits of reservations for town sites upon the public domain., 43
U.S.C. sections 725-727, and any amendments thereto may dispose of and convey
the title to such land in the manner provided in this section.

Legislative History

Source: L. 75: Entire title R&RE, p. 1120, � 1, effective July 1. L. 76: (1)(b) amended, p. 697, � 2, effective April 6.