NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 09-1005
      
      
      BY REPRESENTATIVE(S) Marostica, Gerou, Liston, Massey, Nikkel,
      Stephens, Labuda, Todd;
      also SENATOR(S) Veiga, White.
      
      
      Concerning the authority of a special district to establish special
           improvement districts within the boundaries of the special
           district.
       
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  32-1-1101 (1), Colorado Revised Statutes, is amended
      BY THE ADDITION OF A NEW PARAGRAPH to read:
      
           32-1-1101.  Common financial powers.  (1)  For and on behalf of
      the special district, the board has the following powers:
      
           (g)  To establish special improvement districts within the
      boundaries of a special district and levy special assessments on
      property specially benefited by such improvements as specified in
      section 32-1-1101.7.
      
           SECTION 2.  Part 11 of article 1 of title 32, Colorado Revised
      Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
      
           32-1-1101.7.  Establishment of special improvement districts
      within the boundaries of a special district.  (1)  A special district may
      establish a special improvement district within the boundaries of
      the special district to finance all or part of the costs of any
      improvements that the special district is authorized to finance if
      the power to levy assessments is authorized in the special
      district's service plan or statement of purposes or approved in
      writing by the county or municipality that approved the special
      district's service plan or accepted the special district's statement
      of purposes.
      
           (2)  If a special improvement district is established within the
      boundaries of a special district, assessments shall be levied on a
      frontage, area, zone, or other equitable basis and only:
      
           (a)  With the written consent of one hundred percent of the
      owners of the property to be assessed; or
      
           (b)  Upon approval of a majority of the eligible electors, as
      defined in section 32-1-103 (5), within the special improvement
      district voting thereon.
      
           (3)  The method of creating a special improvement district,
      making the improvements specified for the special improvement
      district, and the levying and collecting of assessments for the
      costs of the improvements specified for the special improvement
      district shall be as provided in part 5 of article 25 of title 31,
      C.R.S., as amended, subject to the following:
      
           (a)  The special district shall have all the rights, powers,
      and duties of the municipality as set forth in parts 5 and 11 of
      article 25 of title 31, C.R.S.
      
           (b)  The board shall perform the duties of the governing
      body as set forth in part 5 of article 25 of title 31, C.R.S.
      
           (c)  The chairman and president of the special district shall
      perform the duties of the mayor as set forth in part 5 of article 25
      of title 31, C.R.S.
      
           (d)  The secretary of the special district shall perform the
      duties of the municipal clerk as set forth in part 5 of article 25 of
      title 31, C.R.S.
      
           (e)  The board shall appoint a person to perform the duties
      of the municipal treasurer as set forth in part 5 of article 25 of
      title 31, C.R.S.
      
           (f)  All actions by the board pursuant to the provisions of
      part 5 of article 25 of title 31, C.R.S., shall be by resolution,
      notwithstanding any reference in said part 5 to action by
      ordinance.
      
           (g)  Any bonds payable from the assessments shall be
      approved by a majority of the eligible electors, as defined in
      section 32-1-103 (5), voting on the question of issuing such bonds. 
      The board may determine by resolution whether the eligible
      electors voting on the question shall be:
      
           (I)  The eligible electors of the special district; or
      
           (II)  The eligible electors of the special improvement
      district.
      
           SECTION 3.  Safety clause.  The general assembly hereby finds,
      determines, and declares that this act is necessary for the immediate
      preservation of the public peace, health, and safety.
      
      
      
      
      ________________________________________________________
      Terrance D. Carroll                    Peter C. Groff
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO