§ 43-2-202 — County road and bridge fund - apportionment to municipalities

Colorado § 43-2-202

• Jurisdiction: Colorado
• Title 43: Transportation
• Art.: State, County, and Municipal Highways

Text

(1) (a) A fund to be known as the county road and bridge fund is created and
established in each county of this state. Such fund shall consist of the revenue
derived from the tax authorized to be levied under section 43-2-203 for road and
bridge construction, maintenance, and administration, all moneys received by the
county from the state or federal governments for expenditure on roads and bridges,
and any other moneys that may become available to the county for such purpose.
Any moneys that have become available to the county for expenditure on roads and
bridges by virtue of a condition placed on any type of land use approval shall be
accounted for separately and said expenditures shall be limited to roads and
bridges in connection with such land use project.

(b) In addition to the moneys specified in paragraph (a) of this subsection (1),
the county road and bridge fund consists of any general fund moneys that the
board of county commissioners of the applicable county transfers to the fund
pursuant to section 30-25-106 (3), C.R.S., after the governor declares a disaster
emergency in the county. The board of county commissioners may transfer back to
the county general fund any moneys that it transferred to the county road and
bridge fund pursuant to section 30-25-106 (3), C.R.S.

(2) Each municipality located in any county of this state is entitled to receive
from the county road and bridge fund of the county wherein it is located an amount
equal to fifty percent of the revenue accruing to said fund from extension only of
the levy authorized to be made under section 43-2-203 against the valuation for
assessment of all taxable property located within its corporate boundaries; except
that, by mutual agreement between such municipality and the board of county
commissioners, such municipality may elect to receive, in part or in full, the
equivalent of such amount in the value of materials furnished or work performed on
roads and streets located within its corporate boundaries by the county either
during the calendar year in which such revenue is actually collected or by mutual
agreement during any succeeding calendar year. A board of county commissioners
may, at its option, provide additional money, furnish additional materials, or perform
additional work for a municipality located in the county in excess of the money or
equivalent materials or work entitled to be received by such municipality under this
section. If so determined by the division of local government as provided in section
29-1-301 (1.2)(b), C.R.S., this subsection (2) shall not apply to any one-time,
nonrecurring expenditure as a result of an increased levy under section 29-1-301
(1.2), C.R.S., if the expenditure is for a county road or bridge capital project or
county road or bridge capital asset.

(3) In all cases where a municipality has not elected to receive its share of
the county road and bridge fund in equivalent value of materials furnished or work
performed by the county, under mutual agreement, it is the duty of the county
treasurer, on the fifteenth day of each July, October, January, and April, to pay over
to the treasurer of such municipality, out of the county road and bridge fund, the
amount to which such municipality has become entitled during the preceding three
calendar months.

(4) All moneys received by a municipality from the county road and bridge
fund shall be credited to an appropriate fund and shall be used by such municipality
only for construction and maintenance of roads and streets located within its
corporate boundaries.

Legislative History

Source: L. 51: p. 752, � 1. CSA: C. 143, � 9(1). CRS 53: � 120-1-2. C.R.S. 1963: � 120-1-2. L. 70: p. 320, � 1. L. 73: p. 1230, � 1. L. 75: (2) amended, p. 1573, � 1, effective June 20. L. 83: (2) amended, p. 1204, � 2, effective April 29; (2) amended, p. 1201, � 2, effective May 23. L. 89: (1) amended, p. 1262, � 3, effective July 1. L. 2014: (1) amended, (SB 14-007), ch. 3, p. 78, � 2, effective February 19.