§ 31-25-611 — General powers of district

(1) The district has the following
limited powers:

(a) To have perpetual existence;

(b) To have and use a corporate seal;

(c) To sue and be sued and be a party to suits, actions, and proceedings;

(d) To enter into contracts and agreements, except as otherwise provided in
this part 6, affecting the affairs of the district, including contracts with the United
States and any of its agencies or instrumentalities. Except in cases in which a
district receives aid from an agency of the federal government, a notice shall be
published for bids on all construction contracts for work or material or both
involving an expense of one thousand dollars or more. The district may reject any
and all bids, and, if it appears that the district can perform the work or secure
material for less than the lowest bid, it may proceed so to do.

(e) To borrow money and incur general obligation indebtedness and evidence
the same by bonds, certificates, warrants, notes, and debentures and to issue
revenue bonds or special assessment bonds in accordance with the provisions of
this part 6;

(f) To acquire, construct, install, operate, and maintain the improvements or
provide the services contemplated by this part 6, as described in the petition or as
later authorized by the voters of the district, including improvements located
outside the boundaries of the district, and all property, rights, or interests incidental
or appurtenant thereto and to dispose of real and personal property and any
interest therein, including leases and easements in connection therewith;

(g) To refund any general obligation indebtedness, revenue bonds, or special
assessment bonds of the district without an election; otherwise, the terms and
conditions of refunding bonds shall be substantially the same as those of an
original issue of bonds of the district;

(h) To have the management, control, and supervision of all the business and
affairs of the district and of the acquisition, construction, installation, operation,
and maintenance of district improvements or the provision of services;

(i) To exercise the power of eminent domain and dominant eminent domain
and, in the same manner provided by law for the condemnation of private property
for public use, to take any property necessary to the exercise of the powers
granted in this part 6;

(j) To construct and install improvements across or along any public street,
alley, or highway and to construct works across any stream of water or
watercourses. However, the district shall promptly restore any such street or
highway to its former state of usefulness as nearly as possible and shall not use the
same in such manner as completely or unnecessarily to impair the usefulness
thereof. The use and occupation of streets, alleys, and highways and the
construction or installation of improvements by any district shall be in accordance
with the provisions of all applicable municipal ordinances and with such reasonable
rules and regulations as may be prescribed by the governing body of the
municipality affected. Plans and specifications of proposed improvements shall be
approved by the governing body of the municipality before construction or
installation of improvements is commenced.

(k) To fix and from time to time to increase or decrease rates, tolls, or
charges for any revenue-producing services or facilities furnished by the district
and to pledge such revenue for the payment of any indebtedness of the district.
Until paid, all rates, tolls, or charges shall constitute a perpetual lien on and against
the property served, and any such lien may be foreclosed in the same manner as
provided by the laws of this state for the foreclosure of mechanics' liens. With
respect to revenue-producing services or facilities, the board shall shut off or
discontinue service for delinquencies in the payment of such rates, tolls, or charges
or for delinquencies in the payment of taxes levied pursuant to this part 6 and shall
prescribe and enforce rules and regulations for connecting with and disconnecting
from such services and facilities.

(l) To adopt and amend bylaws not in conflict with the constitution and laws
of the state or with the ordinances of the municipality affected for carrying on the
business, objects, and affairs of the board and of the district;

(m) To exercise all rights and powers necessary or incidental to or implied
from the specific powers granted in this part 6. Such specific powers shall not be
considered as a limitation upon any power necessary or appropriate to carry out the
purposes and intent of this part 6.

(n) To conduct an election in accordance with articles 1 to 13 of title 1, C.R.S.,
or article 10 of this title for any purpose the board deems necessary or required.

Legislative History

Source: L. 75: Entire title R&RE, p. 1205, � 1, effective July 1. L. 84: (1)(h) amended, p. 840, � 7, effective March 29. L. 99: (1)(e) to (1)(h) amended and (1)(n) added, p. 522, � 23, effective April 30. L. 2004: (1)(f) amended, p. 952, � 9, effective May 21.