(1) For and on behalf of the special
district the board has the following powers:
(a) To have perpetual existence;
(b) To have and use a corporate seal;
(c) To sue and be sued and to be a party to suits, actions, and proceedings;
(d) (I) To enter into contracts and agreements affecting the affairs of the
special district except as otherwise provided in this part 10, including contracts with
the United States and any of its agencies or instrumentalities. Except in cases in
which a special district will receive aid from a governmental agency or purchase
through the state purchasing program, a notice shall be published for bids on all
construction contracts for work or material, or both, involving an expense of one
hundred twenty thousand dollars or more of public money. The special district may
reject any and all bids, and, if it appears that the special district can perform the
work or secure material for less than the lowest bid, it may proceed to do so.
(I.5) On July 1, 2028, and every five years thereafter, the dollar amount set
forth in subsection (1)(d)(I) of this section is increased by the rate of inflation. The
amount must be rounded to the nearest dollar. As used in this subsection (1)(d)(I.5)
inflation means the percentage change in the United States department of labor
bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all
items paid by all urban consumers, or its applicable successor index.
(II) No contract for work or material including a contract for services,
regardless of the amount, shall be entered into between the special district and a
member of the board or between the special district and the owner of twenty-five
percent or more of the territory within the special district unless a notice has been
published for bids and such member or owner submits the lowest responsible and
responsive bid.
(e) To borrow money and incur indebtedness and evidence the same by
certificates, notes, or debentures, and to issue bonds, including revenue bonds, in
accordance with the provisions of part 11 of this article, and to invest any moneys of
the special district in accordance with part 6 of article 75 of title 24, C.R.S.;
(f) To acquire, dispose of, and encumber real and personal property
including, without limitation, rights and interests in property, leases, and easements
necessary to the functions or the operation of the special district; except that the
board shall not pay more than fair market value and reasonable settlement costs
for any interest in real property and shall not pay for any interest in real property
which must otherwise be dedicated for public use or the special district's use in
accordance with any governmental ordinance, regulation, or law;
(g) To refund any bonded indebtedness as provided in part 13 of this article
or article 54 or 56 of title 11, C.R.S.;
(h) To have the management, control, and supervision of all the business and
affairs of the special district as defined in this article and all construction,
installation, operation, and maintenance of special district improvements;
(i) To appoint, hire, and retain agents, employees, engineers, and attorneys;
(j) (I) To fix and from time to time to increase or decrease fees, rates, tolls,
penalties, or charges for services, programs, or facilities furnished by the special
district; except that a fire protection district shall not on its own authority impose a
fee, rate, toll, or charge for responding to, combating, or extinguishing a fire
occurring on taxable real or personal property, buildings, or facilities located within
the fire protection district's jurisdictional boundaries. This limitation does not
prevent a fire protection district from charging or seeking reimbursement for
responding to, combating, or extinguishing such a fire if the charge or claim for
reimbursement is authorized by a federal law or regulation or a state law or rule.
The board may pledge such revenue for the payment of any indebtedness of the
special district. Until paid, all fees, rates, tolls, penalties, or charges constitute a
perpetual lien on and against the property served, and, except as provided in
subsection (1)(j)(I.5) of this section, any such lien may be foreclosed in the same
manner as provided by the laws of this state for the foreclosure of mechanics' liens.
(I.5) The board of a metropolitan district furnishing covenant enforcement
and design review services pursuant to sections 32-1-1004 (8) and 32-1-1004.5 shall
not foreclose any lien described in section 32-1-1004.5 (3)(b)(I).
(II) Notwithstanding any other provision to the contrary, the board may waive
or amortize all or part of the tap fees and connection fees or extend the time period
for paying all or part of such fees for property within the district in order to
facilitate the construction, ownership, and operation of affordable housing on such
property, as such affordable housing is defined by resolution adopted by the board.
However, the board shall have the authority to condition such waiver, amortization,
or extension upon the recordation against the property of a deed restriction, lien, or
other lawful instrument requiring the payment of such fees in the event that the
property's use as affordable housing is discontinued or no longer meets the
definition of affordable housing as established by the board.
(k) To furnish services and facilities without the boundaries of the special
district and to establish fees, rates, tolls, penalties, or charges for such services
and facilities;
(l) To accept, on behalf of the special district, real or personal property for
the use of the special district and to accept gifts and conveyances made to the
special district upon such terms or conditions as the board may approve;
(m) To adopt, amend, and enforce bylaws and rules and regulations not in
conflict with the constitution and laws of this state for carrying on the business,
objects, and affairs of the board and of the special district;
(n) To have and exercise all rights and powers necessary or incidental to or
implied from the specific powers granted to special districts by this article. 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 article.
(o) To authorize the use of electronic records or signatures and adopt rules,
standards, policies, and procedures for use of electronic records or signatures
pursuant to article 71.3 of title 24, C.R.S.
(2) (a) The governing body of any special district furnishing domestic water
or sanitary sewer services directly to residents and property owners within or
outside the district may fix or increase fees, rates, tolls, penalties, or charges for
domestic water or sanitary sewer services only after consideration of the action at a
public meeting held at least thirty days after providing notice stating that the
action is being considered and stating the date, time, and place of the meeting at
which the action is being considered. Notice must be provided to the customers
receiving the domestic water or sanitary sewer services of the district in one or
more of the following ways:
(I) Mailing the notice separately to each customer of the service on the
billing rolls of the district;
(II) Including the notice as a prominent part of a newsletter, annual report,
billing insert, billing statement, letter, or other notice of action, or other
informational mailing sent by the special district to the customers of the district;
(III) Posting the information on the official website of the special district if
there is a link to the district's website on the official website of the division; or
(IV) For any district that is a member of a statewide association of special
districts formed pursuant to section 29-1-401, C.R.S., by mailing or electronically
transmitting the notice to the statewide association of special districts, which
association shall post the notice on a publicly accessible section of the
association's website.
(b) The power to fix or increase fees, rates, tolls, penalties, or charges for
domestic water or sanitary sewer services is a legislative power of the district
board and is not changed by the provisions of this section.
(c) No action to fix or increase fees, rates, tolls, penalties, or charges for
domestic water or sanitary sewer services may be invalidated on the grounds that a
person did not receive the notice required by this section if the district acted in
good faith in providing the notice. Good faith is presumed if the district provided the
notice in one or more of the ways listed in paragraph (a) of this subsection (2).
(3) The governing body of a special district may conduct or participate in
forest health projects, as defined in section 37-95-103 (4.9), within and outside the
district boundaries that benefit district property or improvements. The governing
body of any special district that provides fire protection services may also conduct
or participate in such forest health projects within and outside the district
boundaries that reduce the risk of wildfire within the district. To secure and protect
an adequate supply of water, the governing body of any special district that
provides water services may also conduct or participate in such forest health
projects within and outside the district boundaries that reduce the risk of wildfire
within the watersheds within which the district collects, transports, or stores its
water supply.
(4) (a) Within thirty days of receiving a written request from any local
government within the boundaries of which the special district governed by the
board operates or partly operates, the board shall provide the rate schedule for tap
fees, system development fees, or other fees and charges that contemplate future
water or sanitation system usage, and, upon request of the local government, shall
provide any professional analyses and a detailed written justification of the costs
and methodologies used to calculate those fees.
(b) As used in this subsection (4), local government means a home rule or
statutory county, city and county, or municipality.