§ 32-4-502 — Definitions
As used in this part 5, unless the context otherwise requires:
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As used in this part 5, unless the context otherwise
requires:
(1) Acquisition or acquire means the purchase, construction,
reconstruction, lease, gift, transfer, assignment, option to purchase, grant from the
federal government, from any public body, or from any person, endowment,
bequest, devise, installation, condemnation, other contract, or other acquirement, or
any combination thereof, of facilities, other property, any project, or an interest
therein authorized in this part 5.
(2) Board of directors or board means the board of directors of a
metropolitan sewage disposal district.
(3) Clerk means that official of a municipality or a district who performs
duties ordinarily performed by a city clerk, town clerk, or a secretary of a
corporation.
(4) Compensating reservoir means the structures, facilities, and
appurtenances for the impounding, transportation, and release of water for the
replenishment or replacement in periods of drought or at other necessary times of
all or a part of waters in or bordering the state diverted into any sewer, sewer
system, intercepting sewer, or sewage disposal system appertaining to a district.
(5) Condemnation or condemn means the acquisition by the exercise of
the power of eminent domain of property for any facilities, other property, project,
or an interest therein, authorized in this part 5. A district may exercise in the state
the power of eminent domain, either within or without the district, and in the manner
provided by law for the condemnation of private property for public use may take
any property necessary to carry out any of the objects or purposes hereof, whether
such property is already devoted to the same use by any municipality or other
public body or otherwise, and may condemn any existing works or improvements
used in the district. The power of eminent domain vested in the board shall include
the power to condemn, in the name of the district, either the fee simple or any
lesser estate or interest in any real property which the board by resolution
determines is necessary for carrying out the purposes of this part 5. A district shall
not abandon any condemnation proceedings subsequent to the date upon which it
has taken possession of the property being acquired. In the event the construction
of any sewage disposal system or project authorized in this part 5, or any part
thereof, makes necessary the removal and relocation of any public utilities, whether
on private or public right-of-way, the district shall reimburse the owner of such
public utility facility for the expense of such removal and relocation, including the
cost of any necessary land or rights in land.
(6) Cost or cost of any project, or words of similar import mean in addition
to the usual connotations thereof, the cost of acquisition or improvement and
equipment of all or any part of a sewage disposal system and of all or any property,
rights, easements, privileges, agreements, and franchises deemed by the district to
be necessary or useful and convenient therefor or in connection therewith,
including interest or discount on bonds, cost of issuance of bonds, engineering and
inspection costs, and legal expenses, cost of financial, professional, and other
estimates and advice, contingencies, any administrative, operating, and other
expenses of the district prior to and during such acquisition or improvement and
equipment, and additionally during a period of not exceeding one year after the
completion thereof, as may be estimated and determined by the board in any
resolution authorizing the issuance of any securities or other instrument
appertaining thereto or in any contract with any municipality, or otherwise, and all
such other expenses as may be necessary or incident to the financing, acquisition,
improvement, equipment, and completion of said sewage disposal system or part
thereof and the placing of the same in operation, and also such provision or
reserves for working capital, operation, maintenance, or replacement expenses or
for payment or security of principal of or interest on any securities during or after
such acquisition or improvement and equipment as the district may determine, and
also reimbursements to the district or any municipality or person of any moneys
theretofore expended for the purposes of the district or to any municipality or other
public body or the federal government of any moneys theretofore expended for or
in connection with sanitation facilities.
(7) Disposal or dispose means the sale, destruction, razing, loan, lease,
gift, grant, transfer, assignment, mortgage, option to sell, other contract, or other
disposition, or any combination thereof, of facilities, other property, any project, or
an interest therein authorized in this part 5.
(8) District means a metropolitan sewage disposal district formed under
the provisions of this part 5 or as changed from time to time. A district formed
under this part 5 shall not be considered a political subdivision for the purposes of
section 8-3-104 (12), C.R.S.
(9) Engineer means any engineer regularly employed by the district or any
competent engineer or firm or association of engineers employed by the district in
connection with any facility, property, project, or power authorized in this part 5.
(10) Equipment or equip means the furnishing of all necessary or
desirable, related or appurtenant, machinery and other facilities, or any
combination thereof, appertaining to any property, project, or interest therein
authorized in this part 5.
(11) Executive means the chief executive elected official of a municipality
as defined in subsection (19) of this section by whatever name he may be
designated.
(12) Federal government means the United States, or any agency,
instrumentality, or corporation thereof.
(13) Governing body means the city council of a city or of a city and county,
the board of trustees of an incorporated town, the board of directors of a sanitation
district or of a water and sanitation district, or the governing body of any other
municipality by law authorized to impose the obligations contemplated by this part
5, regardless of how the governing body may be designated.
(14) Herein, hereby, hereunder, hereof, hereto, hereinabove,
hereinbefore, and hereinafter refer to this metropolitan sewage disposal district
law and not solely to the particular portion thereof in which such word is used.
(15) Improvement or improve means the extension, betterment,
alteration, reconstruction, replacement, repair, or other improvement, or any
combination thereof, of facilities, other property, any project, or an interest therein
authorized in this part 5.
(16) Industrial wastes means liquid or other wastes resulting from any
process of industry, manufacture, trade, or business or from the development of
any natural resource.
(17) Intercepting sewer is considered as only such sewer and
appurtenances thereto as may be necessary to intercept and transport the outfalls
from the sewer systems of the municipalities included within the boundaries of the
district.
(18) Metropolitan sewage disposal district means a district organized
under this part 5 either as originally organized or as changed from time to time.
(19) Municipality means a city, a city and county, an incorporated town, a
sanitation district, or a water and sanitation district, and any other political
subdivision or public entity created under the laws of the state of Colorado having
specific boundaries within which it is authorized to provide sewer service for the
area within its boundaries, other than a metropolitan sewage disposal district.
(20) Ordinance means the formal action taken by a governing body, as
defined in subsection (13) of this section, whether it is in the form of an ordinance,
resolution, or other form.
(21) Person means any individual, association, corporation, or the federal
government, or any public body other than a municipality, and excluding a district.
(22) Pollution or pollute means the condition of water resulting from the
introduction therein of substances of a kind and in quantities rendering it
detrimental or immediately or potentially dangerous to the public health, or unfit
for public or commercial use.
(23) Project means any public structure, facility, or undertaking or sewage
disposal system which a district is authorized in this part 5 to acquire, improve,
equip, maintain, and operate. A project may consist of all kinds of personal and real
property. Any project of a district shall appertain to a sewage disposal system as
defined in subsection (31) of this section and authorized by this part 5.
(24) Property means real property and personal property.
(25) Public body means the state of Colorado, or any agency,
instrumentality, or corporation thereof, or any county, municipality, or other city or
town, or other type of quasi-municipal district, or any other political subdivision of
the state, excluding a metropolitan sewage disposal district and excluding the
federal government.
(26) Publication means three consecutive weekly publications in at least
one newspaper having general circulation in the district. It shall not be necessary
that an advertisement be made on the same day of the week in each of the three
weeks, but not less than fourteen days, excluding the day of first publication but
including the day of the last publication, shall intervene between the first
publication and the last publication, and publication shall be complete on the date
of the last publication.
(27) Real property means:
(a) Land, including land under water;
(b) Buildings, structures, fixtures, and improvements on land;
(c) Any property appurtenant to or used in connection with land;
(d) Water and water rights appertaining to any project;
(e) Every estate, interest, privilege, easement, franchise, and right in land,
legal or equitable, including, without limiting the generality of the foregoing, rights-of-way, terms for years, and liens, charges or encumbrances by way of judgment,
mortgage, or otherwise, and the indebtedness secured by such liens.
(28) Securities means any bonds, interim receipts or certificates, warrants,
debentures, notes, or other obligations of a district or any public body appertaining
to any project, or interest therein, authorized in this part 5, or otherwise.
(29) Service charges are the rents, rates, fees, tolls, or other charges for
direct or indirect connection with, or the use or services of, a sewage disposal
system or sewer system, as more specifically provided in section 32-4-522 and
elsewhere in this part 5.
(30) Sewage means the water-carried wastes created in and carried, or to
be carried, away from residences, hotels, apartments, schools, hospitals, industrial
establishments, or any other public or private building, together with such surface
or groundwater and industrial wastes as are present.
(31) Sewage disposal system includes any one or all or any combination of
the following: Any sewage treatment plant, sewage treatment works, sewage
disposal facilities, connections and outfalls, intercepting sewers, outfall sewers,
force mains, conduits, pipelines, water lines, pumping and ventilating plants or
stations, compensating reservoirs, other plants, structures, facilities, equipment,
and appurtenances useful or convenient for the interception, transportation,
treatment, purification, or disposal of sewage, liquid wastes, solid wastes, night soil,
and industrial wastes, and all necessary lands, interest in lands, easements, and
water rights.
(31.5) Sewer connection means any physical connection to a sewage
disposal system or sewer system, whether direct or indirect, of a residence building,
dwelling, dwelling unit, or other building, including individual units of multiple unit
dwellings such as condominiums, townhouses, multiplexes, and apartment
buildings.
(32) Sewer system means a system provided by a municipality to provide
sewer service to its inhabitants to the point of its connection with a sewage
disposal system as defined in subsection (31) of this section which intercepts,
receives, transports, treats, and disposes of the outfalls from such sewer systems.
(32.5) Single-family equivalent means the capacity of sewer service or
water service required for a single-family household. For a multiple unit dwelling,
each single-family household within such a dwelling shall be considered as having
one single-family equivalent.
(33) State means the state of Colorado, or any agency, instrumentality, or
corporation thereof.
(34) Taxation or tax means general ad valorem taxes.
(35) Taxpaying elector and eligible elector of a district have the
meanings, respectively, as specified in section 32-1-103; except that, to qualify as a
taxpaying elector or as an eligible elector for the purposes of this part 5, a person
must also be a resident of a municipality, as defined in subsection (19) of this
section.
Colorado § 32-4-502 (Definitions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.