Previous  Next

32-1-103. Definitions.

Statute text

As used in this article, unless the context otherwise requires:

(1) "Ambulance district" means a special district which provides emergency medical services and the transportation of sick, disabled, or injured persons by motor vehicle, aircraft, or other form of transportation to and from facilities providing medical services. For the purpose of this subsection (1), "emergency medical services" means services engaged in providing initial emergency medical assistance, including, but not limited to, the treatment of trauma and burns and respiratory, circulatory, and obstetrical emergencies.

(1.5) "Board" means the board of directors of a special district.

(2) "Court" means the district court in any county in which the petition for organization of the special district was originally filed and which entered the order organizing said district or the district court to which the file pertaining to the special district has been transferred pursuant to section 32-1-303 (1)(b).

(2.5) "Depository institution" means:

(a) A person that is organized or chartered, or is doing business or holds an authorization certificate, under the laws of a state or of the United States which authorize the person to receive deposits, including deposits in savings, shares, certificates, or other deposit accounts, and that is supervised and examined for the protection of depositors by an official or agency of a state or the United States; and

(b) A trust company or other institution that is authorized by federal or state law to exercise fiduciary powers of the type that a national bank is permitted to exercise under the authority of the comptroller of the currency and that is supervised and examined by an official or agency of a state or the United States. The term does not include an insurance company or other organization primarily engaged in the insurance business.

(3) "Director" means a member of the board.

(4) "Division" means the division of local government in the department of local affairs.

(5) (a) "Eligible elector" means a person who, at the designated time or event, is registered to vote pursuant to the "Uniform Election Code of 1992", articles 1 to 13 of title 1, C.R.S., and:

(I) Who is a resident of the special district or the area to be included in the special district; or

(II) Who, or whose spouse or civil union partner, owns taxable real or personal property situated within the boundaries of the special district or the area to be included in the special district, whether said person resides within the special district or not.

(b) A person who is obligated to pay taxes under a contract to purchase taxable property situated within the boundaries of the special district or the area to be included within the special district shall be considered an owner within the meaning of this subsection (5).

(c) Repealed.

(d) For all elections and petitions that require ownership of real property or land, a mobile home as defined in section 38-12-201.5 (2) or 5-1-301 (29), C.R.S., or a manufactured home as defined in section 42-1-102 (106)(b), C.R.S., shall be deemed sufficient to qualify as ownership of real property or land for the purpose of voting rights and petitions.

(e) In the event that the board, by resolution, ends business personal property taxation by the district pursuant to subsection (8)(b) of section 20 of article X of the state constitution, persons owning such property and spouses or civil union partners of such persons shall not be eligible electors of the district on the basis of ownership of such property.

(6) Repealed.

(6.5) "Financial institution or institutional investor" means any of the following, whether acting for itself or others in a fiduciary capacity:

(a) A depository institution;

(b) An insurance company;

(c) A separate account of an insurance company;

(d) An investment company registered under the federal "Investment Company Act of 1940";

(e) A business development company as defined in the federal "Investment Company Act of 1940";

(f) Any private business development company as defined in the federal "Investment Company Act of 1940";

(g) An employee pension, profit-sharing, or benefit plan if the plan has total assets in excess of five million dollars or its investment decisions are made by a named fiduciary, as defined in the federal "Employee Retirement Income Security Act of 1974", that is a broker-dealer registered under the federal "Securities Exchange Act of 1934", an investment adviser registered or exempt from registration under the federal "Investment Advisers Act of 1940", a depository institution, or an insurance company;

(h) An entity, but not an individual, a substantial part of whose business activities consists of investing, purchasing, selling, or trading in securities of more than one issuer and not of its own issue and that has total assets in excess of five million dollars as of the end of its last fiscal year; and

(i) A small business investment company licensed by the federal small business administration under the federal "Small Business Investment Act of 1958".

(7) "Fire protection district" means a special district which provides protection against fire by any available means and which may supply ambulance and emergency medical and rescue services.

(7.5) "Forest improvement district" means a special district created pursuant to article 18 of this title that protects communities from wildfires and improves the condition of forests in the district.

(8) "Governing body" means a city council or board of trustees and includes a body or board where the operation and management of service is under the control of a municipal body or board other than a city council or board of trustees.

(8.5) "Health assurance district" means a special district that is created to organize, operate, control, direct, manage, contract for, furnish, or provide, directly or indirectly, health care services to residents of the district and family members of such residents who are in need of such services.

(9) "Health service district" means a special district that may establish, maintain, or operate, directly or indirectly through lease to or from other parties or other arrangement, public hospitals, convalescent centers, nursing care facilities, intermediate care facilities, emergency facilities, community clinics, or other facilities licensed or certified pursuant to section 25-1.5-103 (1)(a), C.R.S., providing health and personal care services and may organize, own, operate, control, direct, manage, contract for, or furnish ambulance service.

(9.3) "Inactive special district" means a special district in a predevelopment stage that has no residents other than those who lived within the district boundaries prior to the formation of the district, no business or commercial ventures or facilities within its boundaries, has not issued any general obligation or revenue debt and does not have any financial obligations outstanding or contracts in effect that require performance by the district during the time the district is inactive, has not imposed a mill levy for tax collection in that fiscal year, anticipates no receipt of revenue and has no planned expenditures, except for statutory compliance, in that fiscal year, has no operation or maintenance responsibility for any facilities, has initially filed a notice of inactive status pursuant to section 32-1-104 (3), and, each year thereafter, has filed a notice of continuing inactive status pursuant to section 32-1-104 (4).

(9.5) "Mental health care service district" means a special district created pursuant to this article to provide, directly or indirectly, mental health care services to residents of the district who are in need of mental health care services and to family members of such residents.

(10) "Metropolitan district" means a special district that provides for the inhabitants thereof any two or more of the following services:

(a) Fire protection;

(b) Mosquito control;

(c) Parks and recreation;

(d) Safety protection;

(e) Sanitation;

(f) Solid waste disposal facilities or collection and transportation of solid waste;

(g) Street improvement;

(h) Television relay and translation;

(i) Transportation;

(j) Water.

(11) "Municipality" means a municipality as defined in section 31-1-101 (6), C.R.S.

(12) "Net effective interest rate" means the net interest cost of securities issued by a public body divided by the sum of the products derived by multiplying the principal amount of the securities maturing on each maturity date by the number of years from their date to their respective maturities. In all cases, net effective interest rate shall be computed without regard to any option of redemption prior to the designated maturity dates of the securities.

(13) "Net interest cost" means the total amount of interest to accrue on securities issued by a public body from their date to their respective maturities, less the amount of any premium above par, or plus the amount of any discount below par, at which said securities are being or have been sold. In all cases net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the securities.

(14) "Park and recreation district" means a special district which provides parks or recreational facilities or programs within said district.

(14.5) "Property owners' list" means the list furnished by the county assessor in accordance with section 1-5-304, C.R.S., showing each property owner within the district, as shown on a deed or contract of record.

(15) "Publication" means printing one time, in one newspaper of general circulation in the special district or proposed special district if there is such a newspaper, and, if not, then in a newspaper in the county in which the special district or proposed special district is located. For a special district with territory within more than one county, if publication cannot be made in one newspaper of general circulation in the special district, then one publication is required in a newspaper in each county in which the special district is located and in which the special district also has fifty or more eligible electors.

(16) "Quorum" means more than one-half of the number of directors serving on the board of a special district.

(17) "Regular special district election" means the election on the Tuesday succeeding the first Monday of May in every even-numbered year, held for the purpose of electing members to the boards of special districts and for submission of other public questions, if any.

(17.5) (Deleted by amendment, L. 92, p. 874, 105, effective January 1, 1993.)

(18) "Sanitation district" means a special district that provides for storm or sanitary sewers, or both, flood and surface drainage, treatment and disposal works and facilities, or solid waste disposal facilities or waste services, and all necessary or proper equipment and appurtenances incident thereto.

(19) "Secretary" means the secretary of the board.

(19.5) "Solid waste" shall have the same definition as specified in section 30-20-101 (6), C.R.S.

(20) "Special district" means any quasi-municipal corporation and political subdivision organized or acting pursuant to the provisions of this article. "Special district" does not include any entity organized or acting pursuant to the provisions of article 8 of title 29, article 20 of title 30, article 25 of title 31, or articles 41 to 50 of title 37, C.R.S.

(21) "Special election" means any election called by the board for submission of public questions and other matters. The election shall be held on the first Tuesday after the first Monday in February, May, October, or December, in November of even-numbered years or on the first Tuesday in November of odd-numbered years. Any special district may petition a district court judge who has jurisdiction in such district for permission to hold a special election on a day other than those specified in this subsection (21). The district court judge may grant permission only upon a finding that an election on the days specified would be impossible or impracticable or upon a finding that an unforeseeable emergency would require an election on a day other than those specified.

(22) "Taxable property" means real or personal property subject to general ad valorem taxes. "Taxable property" does not include the ownership of property on which a specific ownership tax is paid pursuant to law.

(23) (a) "Taxpaying elector" means an eligible elector of a special district who, or whose spouse or civil union partner, owns taxable real or personal property within the special district or the area to be included in or excluded from the special district, whether the person resides within the special district or not.

(b) A person who is obligated to pay taxes under a contract to purchase taxable property within the special district shall be considered an owner within the meaning of this subsection (23).

(c) For all elections and petitions that require ownership of real property or land, a mobile home as defined in section 38-12-201.5 (2) or 5-1-301 (29), C.R.S., or a manufactured home as defined in section 42-1-102 (106)(b), C.R.S., shall be deemed sufficient to qualify as ownership of real property or land for the purpose of voting rights and petitions.

(23.2) "Tunnel" means one or more holes under or through the ground, mountains, rock formations, or other natural or man-made material, including roads, railroads, pipelines, and other means of transporting vehicles, people, or goods through any such tunnel, whether located in the tunnel or, to the extent the same connects the tunnel to other similar facilities, located outside the tunnel. "Tunnel" also means any ventilation, drainage, and support facilities, toll collection facilities, administrative facilities, and other facilities necessary or convenient to the acquisition, construction, improvement, equipping, operation, or maintenance of the tunnel or to the operation of the tunnel district, whether located within or without the tunnel.

(23.5) "Tunnel district" means a special district which provides a tunnel.

(24) "Water and sanitation district" means a special district which provides both water district and sanitation district services.

(25) "Water district" means a special district which supplies water for domestic and other public and private purposes by any available means and provides all necessary or proper reservoirs, treatment works and facilities, equipment, and appurtenances incident thereto.

History

Source: L. 81: Entire article R&RE, p. 1543, 1, effective July 1. L. 82: (5)(d) and (23)(c) added, p. 546, 5, 6, effective April 15. L. 83: (1) R&RE and (1.5) added, p. 412, 2, 3, effective June 1. L. 85: (20) amended, p. 1097, 1, effective April 30; (21) amended, p. 1027, 4, effective July 1; IP(5)(a) and (5)(a)(I) amended and (14.5) and (17.5) added, p. 1083, 1, effective July 1, 1986. L. 86: (5)(c) repealed and (21) amended, pp. 1068, 814, 3, 6, effective July 1. L. 87: (23.2) and (23.5) added, p. 1232, 1, effective May 13; IP(5)(a), (5)(a)(I), (5)(b), and (14.5) amended, p. 333, 100, effective July 1. L. 89: (6) repealed, p. 1135, 85, effective July 1. L. 90: (5)(d) amended, p. 1848, 46, effective May 31. L. 91: (2.5) and (6.5) added, p. 780, 2, effective June 4. L. 92: IP(5)(a), (17), (17.5), (21), and (23)(a) amended, p. 874, 105, effective January 1, 1993. L. 93: (5)(a)(I) and (21) amended, p. 1438, 133, effective July 1. L. 94: (5)(d) and (23)(c) amended, p. 706, 10, effective April 19; (14.5) and (15) amended, p. 1194, 97, effective July 1; (5)(a)(I) amended, p. 1775, 45, effective January 1, 1995; (5)(d) and (23)(c) amended, p. 2565, 79, effective January 1, 1995. L. 96: (5)(e) added and (9) and (14.5) amended, pp. 1771, 470, 72, 1, 73, effective July 1. L. 98: (10) and (18) amended and (19.5) added, p. 1069, 1, effective June 1. L. 2001: (5)(d) and (23)(c) amended, p. 1276, 42, effective June 5. L. 2003: (9) amended, p. 715, 58, effective July 1. L. 2005: (9.5) added, p. 1035, 1, effective June 2. L. 2007: (7.5) added, p. 425, 1, effective April 9; (8.5) added, p. 1186, 1, effective July 1. L. 2009: (20) amended, (SB 09-292), ch. 369, p. 1979, 109, effective August 5. L. 2010: (9.3) added, (HB 10-1362), ch. 360, p. 1710, 1, effective August 11. L. 2014: (5)(a), (5)(e), and (23)(a) amended, (HB 14-1164), ch. 2, p. 70, 29, effective February 18.

Annotations

Editor's note: (1) The provisions of this section are similar to provisions of several former sections as they existed prior to 1981. For a detailed comparison, see the comparative tables located in the back of the index.

(2) Amendments to subsection (5)(d) by Senate Bill 94-092 and Senate Bill 94-001 were harmonized. Amendments to subsection (23)(c) by Senate Bill 94-092 and Senate Bill 94-001 were harmonized.

Annotations

Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.

Annotations

 

RECENT ANNOTATIONS

Annotations

District organizers' contracts did not make them eligible electors under subsection (5). The purpose of requiring a district to gain approval from persons who own property within a district before it imposes a new tax is to allow the people who will have to pay the tax to decide whether the tax should be levied. The organizers' contracts did not comport with this purpose because they were illusory. Landmark Towers Ass'n v. UMB Bank, 2016 COA 61, __ P.3d __, rev'd on other grounds, 2017 CO 107, 408 P.3d 836.

Organizers' contracts for options to purchase parcels were sham agreements. The size of the individual parcels was so small that ownership of such a parcel would not permit any beneficial use thereof; though the contracts purported to obligate the option holder to pay property taxes, they also waived any right to specific performance of the obligation to pay and any right to seek damages for any failure to pay, making the obligation to pay taxes illusory; one of the organizers testified, without contradiction, that the organizers agreed amongst themselves that none of them would have to pay taxes on the parcels; none of the organizers paid the down payment required by the option contracts; none of the organizers paid any property taxes; none of the organizers exercised their options to purchase; and none of the contracts was ever recorded in the real property records. Landmark Towers Ass'n v. UMB Bank, 2016 COA 61, __ P.3d __, rev'd on other grounds, 2017 CO 107, 408 P.3d 836.

Nothing in subsection (5)(b) indicates that a current obligation to pay property taxes at closing would not qualify a person with such an obligation as an eligible elector. Subsection (5)(b) qualifies those who are obligated to pay taxes under a contract to purchase taxable property within a special district as eligible electors in that district. The contracts required buyers to begin paying property taxes on their units at the time of closing. This obligation existed at the time of the TABOR election. Thus, buyers under contract to purchase units located in the special district were eligible electors. Landmark Towers Ass'n v. UMB Bank, 2016 COA 61, __ P.3d __, rev'd on other grounds, 2017 CO 107, 408 P.3d 836.

Because the buyers were eligible electors, they should have received notice of the election as constitutionally required by TABOR. Landmark Towers Ass'n v. UMB Bank, 2016 COA 61, __ P.3d __, rev'd on other grounds, 2017 CO 107, 408 P.3d 836.

Annotations

 

ANNOTATION

Annotations

Constitutional challenge to subsection (5) of this section on grounds that denying corporate entities the right to vote on the formation of a special district violates the equal protection clause was premature when no petition for organization was pending before district court. State Farm v. City of Lakewood, 788 P.2d 808 (Colo. 1990).

District organizers' contracts did not make them eligible electors under subsection (5). The purpose of requiring a district to gain approval from persons who own property within a district before it imposes a new tax is to allow the people who will have to pay the tax to decide whether the tax should be levied. The organizers' contracts did not comport with this purpose because they were illusory. Landmark Towers Ass'n v. UMB Bank, 2016 COA 61, __ P.3d __.

Organizers' contracts for options to purchase parcels were sham agreements. The size of the individual parcels was so small that ownership of such a parcel would not permit any beneficial use thereof; though the contracts purported to obligate the option holder to pay property taxes, they also waived any right to specific performance of the obligation to pay and any right to seek damages for any failure to pay, making the obligation to pay taxes illusory; one of the organizers testified, without contradiction, that the organizers agreed amongst themselves that none of them would have to pay taxes on the parcels; none of the organizers paid the down payment required by the option contracts; none of the organizers paid any property taxes; none of the organizers exercised their options to purchase; and none of the contracts was ever recorded in the real property records. Landmark Towers Ass'n v. UMB Bank, 2016 COA 61, __ P.3d __.

An election held under the Tax Payer's Bill of Rights (TABOR), section 20 of article X of the state constitution, is void where organizers' contracts did not make them eligible electors under subsection (5) of this section. Therefore, the organizers illegally participated in the district's TABOR election, making their votes void. It follows that the TABOR election itself was invalid. Landmark Towers Ass'n v. UMB Bank, 2016 COA 61, __ P.3d __.

Nothing in subsection (5)(b) indicates that a current obligation to pay property taxes at closing would not qualify a person with such an obligation as an eligible elector. Subsection (5)(b) qualifies those who are obligated to pay taxes under a contract to purchase taxable property within a special district as eligible electors in that district. The contracts required buyers to begin paying property taxes on their units at the time of closing. This obligation existed at the time of the TABOR election. Thus, buyers under contract to purchase units located in the special district were eligible electors. Landmark Towers Ass'n v. UMB Bank, 2016 COA 61, __ P.3d __.

Because the buyers were eligible electors, they should have received notice of the election as constitutionally required by TABOR. Landmark Towers Ass'n v. UMB Bank, 2016 COA 61, __ P.3d __.

Because the TABOR election was conducted illegally, with the participation of ineligible voters and without constitutionally required notice to eligible voters, the district's taxes to pay the bonds were levied illegally. Landmark Towers Ass'n v. UMB Bank, 2016 COA 61, __ P.3d __.