Click here for Fiscal Note

Second Regular Session

Sixty-first General Assembly

LLS NO. R98­0928.01 BJA

STATE OF COLORADO

REREVISED

BY SENATORS Hopper, Arnold, Congrove, Martinez, and Phillips;

also REPRESENTATIVE Grampsas.

LOCAL GOVERNMENT

SENATE CONCURRENT RESOLUTION 98­013

SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE OF COLORADO AN AMENDMENT TO ARTICLE XX OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING THE CREATION OF THE CITY AND COUNTY OF BROOMFIELD.

Resolution Summary

(Note: This summary applies to this resolution as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Provides that all territory within the municipal boundaries of the city of Broomfield be detached from the counties of Adams, Boulder, Jefferson, and Weld and consolidated into a single county and municipal corporation with the name of the city and county of Broomfield on and after November 15, 2001. Provides that the existing charter of the city of Broomfield shall be the charter of the city and county of Broomfield. Prohibits the city of Broomfield from extending its boundaries beyond the annexation boundary map approved by the Broomfield city council. Grants the new city and county perpetual succession, the right to own, possess, and hold all real and personal property, including water rights, the right to use water, and contracts for water, currently owned, possessed, or held by the city of Broomfield.

Allows the city and county of Broomfield to assume, manage, and dispose of all trusts connected with the city of Broomfield; succeed to all the rights, liabilities, and benefits of the city of Broomfield; and pay all bonds, obligations, and indebtedness of the city of Broomfield and its proportionate share of the general obligation debt of the counties of Adams, Boulder, Jefferson, and Weld on and after November 15, 2001. Grants the city and county of Broomfield the right to sue and defend, plead and be impleaded, in all courts and in all matters and proceedings; have and use a common seal and alter said seal; grant franchises; purchase, receive, hold, enjoy, or sell and dispose of real and personal property; receive bequests, gifts, and donations of real and personal property or real and personal property in trust for public, charitable, or other purposes; and manage, sell, lease, or otherwise dispose of the same in accordance with the terms of the gift, bequest, donation, or trust. Gives the new city and county the power within or without its territorial limits to construct, condemn, purchase, acquire, lease, add to, maintain, conduct, and operate public works systems that are local in use and extent, in whole or in part, including water works and supplies, sanitary sewer facilities, storm water facilities, parks, recreation facilities, open space lands, light, power, and heating plants, electric and other energy facilities and systems, gas facilities and systems, transportation systems, cable television and telecommunications systems, other public works and utilities, and contracts relating to or connected therewith.

Allows the city and county of Broomfield to take land for public use by right of eminent domain, issue bonds according to its charter in any amount necessary to carry out its powers and purposes and as the city and county charter may provide and limit, and make, amend, add to, or replace its charter provisions. Provides that the city and county charter provisions shall supersede any constitutional or statutory limitations and procedures regarding financial obligations. Grants the new city and county all constitutional and statutory powers conferred to home rule municipalities and home rule counties that are not inconsistent with the constitutional provisions creating the city and county of Broomfield.

Provides that on and before November 15, 2001, the charter and ordinances of the city of Broomfield shall govern all local and municipal matters of the city and that on and after that date, the constitutional provisions creating and governing the city and county of Broomfield, the charter adopted in accordance with those constitutional provisions, and any ordinances existing and adopted by said city and county shall govern all local and municipal matters of the city and county of Broomfield.

Provides that, on and after November 15, 2001, any contiguous territory, together with all property belonging thereto, that is annexed to or consolidated with the city and county of Broomfield shall be detached from the other county and become a municipal and territorial part of the city and county of Broomfield. Provides that the constitutional provisions relating to county boundary changes shall be deemed complied with and no separate election or vote of any adjoining county shall be required after the canvass of votes cast in the statewide election approving the constitutional provisions creating and governing the city and county of Broomfield.

Provides that the officers of the city and county of Broomfield shall be as provided in its charter and ordinances. Requires that the jurisdiction, term of office, and duties of elected officers begin on November 15, 2001. Requires that the qualifications and duties of such officers be provided by the city and county charter or ordinances, but provides that the ordinances must designate the officers who will perform the duties required of county officers pursuant to the Colorado constitution or state statute. Requires that city and county elected officials' compensation be a stated salary fixed by ordinance, rather than state statute, within the limits of the charter or by a resolution approving the city and county budget, and paid in equal monthly payments. Prohibits elected officials from receiving an increase or decrease in compensation under any ordinance passed during the term for which such officer is elected.

Provides for the transfer of government to the city and county of Broomfield. Specifies when the terms of the city of Broomfield's officers terminate and when the duties and terms of the officers of the four affected counties will no longer be applicable with regard to the city and county of Broomfield. Specifies that the mayor and city council of the city of Broomfield shall become the initial officers of the new city and county. Requires the mayor and city council of the new city and county to function as a board of county commissioners and allows those duties to be delegated to various boards and commissions by such council. Grants the new city and county authority to continue to impose and collect sales, use, and property taxes that were imposed by the city of Broomfield and Adams, Boulder, Jefferson, and Weld counties until changed by voter approval. Provides that the city and county of Broomfield is a successor district of the city of Broomfield for the purposes of the Taxpayer's Bill of Rights (TABOR), with any voter approval granted to said city to be considered voter approval for the city and county of Broomfield. Provides that any violation of criminal statutes occurring on or before November 14, 2001, shall continue to be prosecuted within the county where the violation originally occurred.

Allows the city and county of Broomfield to call an election of the registered electors to create a single school district within the boundaries of the new city and county on or after November 15, 2001. Provides that no further statutory elections shall be required for the creation of a new school district. Requires that school district boundaries be coterminous with the boundary of the city and county of Broomfield. Provides that any territory annexed to the city and county after the single school district is established shall be annexed to the single school district.


Be It Resolved by the Senate of the Sixty­first General Assembly of the State of Colorado, the House of Representatives concurring herein:

SECTION 1.  At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit:

Article XX of the constitution of the state of Colorado is amended BY THE ADDITION OF THE FOLLOWING NEW SECTIONS to read:

Section 10.  City and county of Broomfield ­ created.  THE CITY OF BROOMFIELD IS A PREEXISTING MUNICIPAL CORPORATION AND HOME RULE CITY OF THE STATE OF COLORADO, PHYSICALLY SITUATED IN PARTS OF ADAMS, BOULDER, JEFFERSON, AND WELD COUNTIES. ON AND AFTER NOVEMBER 15, 2001, ALL TERRITORY IN THE MUNICIPAL BOUNDARIES OF THE CITY OF BROOMFIELD SHALL BE DETACHED FROM THE COUNTIES OF ADAMS, BOULDER, JEFFERSON, AND WELD AND SHALL BE CONSOLIDATED INTO A SINGLE COUNTY AND MUNICIPAL CORPORATION WITH THE NAME "THE CITY AND COUNTY OF BROOMFIELD". PRIOR TO NOVEMBER 15, 2001, THE CITY OF BROOMFIELD SHALL NOT EXTEND ITS BOUNDARIES BEYOND THE ANNEXATION BOUNDARY MAP APPROVED BY THE BROOMFIELD CITY COUNCIL ON APRIL 28, 1998, AS AN AMENDMENT TO THE CITY OF BROOMFIELD 1995 MASTER PLAN. THE EXISTING CHARTER OF THE SAID CITY OF BROOMFIELD SHALL BECOME THE CHARTER OF THE CITY AND COUNTY OF BROOMFIELD.

THE CITY AND COUNTY OF BROOMFIELD SHALL HAVE PERPETUAL SUCCESSION; SHALL OWN, POSSESS, AND HOLD ALL REAL AND PERSONAL PROPERTY, INCLUDING WATER RIGHTS, THE RIGHT TO USE WATER, AND CONTRACTS FOR WATER, CURRENTLY OWNED, POSSESSED, OR HELD BY THE SAID CITY OF BROOMFIELD; SHALL ASSUME, MANAGE, AND DISPOSE OF ALL TRUSTS IN ANY WAY CONNECTED THEREWITH; SHALL SUCCEED TO ALL THE RIGHTS AND LIABILITIES OF, SHALL ACQUIRE ALL BENEFITS OF, AND SHALL ASSUME AND PAY ALL BONDS, OBLIGATIONS, AND INDEBTEDNESS OF SAID CITY OF BROOMFIELD AND ITS PROPORTIONATE SHARE OF THE GENERAL OBLIGATION INDEBTEDNESS AND, AS PROVIDED BY INTERGOVERNMENTAL AGREEMENT, ITS PROPORTIONATE SHARE OF REVENUE BOND OBLICATIONS OF THE COUNTIES OF ADAMS, BOULDER, JEFFERSON, AND WELD ON AND AFTER NOVEMBER 15, 2001.

THE CITY AND COUNTY OF BROOMFIELD MAY SUE AND DEFEND, PLEAD, AND BE IMPLEADED IN ALL COURTS AND IN ALL MATTERS AND PROCEEDINGS; MAY HAVE AND USE A COMMON SEAL AND ALTER THE SAME AT PLEASURE; MAY GRANT FRANCHISES; MAY PURCHASE, RECEIVE, HOLD, AND ENJOY, OR SELL AND DISPOSE OF REAL AND PERSONAL PROPERTY; MAY RECEIVE BEQUESTS, GIFTS, AND DONATIONS OF REAL AND PERSONAL PROPERTY, OR REAL AND PERSONAL PROPERTY IN TRUST FOR PUBLIC, CHARITABLE, OR OTHER PURPOSES, AND DO ALL THINGS AND ACTS NECESSARY TO CARRY OUT THE PURPOSES OF SUCH GIFTS, BEQUESTS, DONATIONS, AND TRUSTS WITH POWER TO MANAGE, SELL, LEASE, OR OTHERWISE DISPOSE OF THE SAME IN ACCORDANCE WITH THE TERMS OF THE GIFT, BEQUEST, DONATION, OR TRUST.

THE CITY AND COUNTY OF BROOMFIELD SHALL HAVE THE POWER WITHIN AND WITHOUT ITS TERRITORIAL LIMITS TO CONSTRUCT, CONDEMN, PURCHASE, ACQUIRE, LEASE, ADD TO, MAINTAIN, CONDUCT, AND OPERATE WATER WORKS, WATER SUPPLIES, SANITARY SEWER FACILITIES, STORM WATER FACILITIES, PARKS, RECREATION FACILITIES, OPEN SPACE LANDS, LIGHT PLANTS, POWER PLANTS, HEATING PLANTS, ELECTRIC AND OTHER ENERGY FACILITIES AND SYSTEMS, GAS FACILITIES AND SYSTEMS, TRANSPORTATION SYSTEMS, CABLE TELEVISION SYSTEMS, TELECOMMUNICATION SYSTEMS, AND OTHER PUBLIC UTILITIES OR WORKS OR WAYS LOCAL IN USE AND EXTENT, IN WHOLE OR IN PART, AND EVERYTHING REQUIRED THEREFOR, FOR THE USE OF SAID CITY AND COUNTY AND THE INHABITANTS THEREOF; TO PURCHASE IN WHOLE OR IN PART ANY SUCH SYSTEMS, PLANTS, WORKS, FACILITIES, OR WAYS, OR ANY CONTRACTS IN RELATION OR CONNECTION THERETO THAT MAY EXIST, AND MAY ENFORCE SUCH PURCHASE BY PROCEEDINGS AT LAW AS IN TAKING LAND FOR PUBLIC USE BY RIGHT OF EMINENT DOMAIN; AND TO ISSUE BONDS IN ACCORDANCE WITH ITS CHARTER IN ANY AMOUNT NECESSARY TO CARRY OUT ANY SAID POWERS OR PURPOSES, AS THE CHARTER MAY PROVIDE AND LIMIT. THE CITY AND COUNTY OF BROOMFIELD SHALL HAVE ALL OF THE POWERS OF ITS CHARTER AND SHALL HAVE ALL OF THE POWERS SET OUT IN SECTION 6 OF THIS ARTICLE, INCLUDING THE POWER TO MAKE, AMEND, ADD TO, OR REPLACE ITS CHARTER AS SET FORTH IN SECTION 9 OF THIS ARTICLE. THE CHARTER PROVISIONS AND PROCEDURES SHALL SUPERSEDE ANY CONSTITUTIONAL OR STATUTORY LIMITATIONS AND PROCEDURES REGARDING FINANCIAL OBLIGATIONS. THE CITY AND COUNTY OF BROOMFIELD SHALL HAVE ALL POWERS CONFERRED TO HOME RULE MUNICIPALITIES AND TO HOME RULE COUNTIES BY THE CONSTITUTION AND GENERAL LAWS OF THE STATE OF COLORADO THAT ARE NOT INCONSISTENT WITH THE CONSTITUTIONAL PROVISIONS CREATING THE CITY AND COUNTY OF BROOMFIELD.

PRIOR TO NOVEMBER 15, 2001, THE CHARTER AND ORDINANCES OF THE CITY OF BROOMFIELD SHALL GOVERN ALL LOCAL AND MUNICIPAL MATTERS OF THE CITY. ON AND AFTER NOVEMBER 15, 2001, THE CONSTITUTIONAL PROVISIONS CREATING AND GOVERNING THE CITY AND COUNTY OF BROOMFIELD, THE CITY AND COUNTY CHARTER ADOPTED IN ACCORDANCE WITH THESE CONSTITUTIONAL PROVISIONS, AND THE ORDINANCES EXISTING AND ADOPTED FROM TIME TO TIME SHALL GOVERN ALL LOCAL AND MUNICIPAL MATTERS OF THE CITY AND COUNTY OF BROOMFIELD.

ON AND AFTER NOVEMBER 15, 2001, THE REQUIREMENTS OF SECTION 3 OF ARTICLE XIV OF THIS CONSTITUTION AND THE GENERAL ANNEXATION AND CONSOLIDATION STATUTES OF THE STATE RELATING TO COUNTIES SHALL APPLY TO THE CITY AND COUNTY OF BROOMFIELD. ON AND AFTER NOVEMBER 15, 2001, ANY CONTIGUOUS TERRITORY, TOGETHER WITH ALL PROPERTY BELONGING THERETO, HEREAFTER ANNEXED TO OR CONSOLIDATED WITH THE CITY AND COUNTY OF BROOMFIELD UNDER ANY LAWS OF THIS STATE, IN WHATSOEVER COUNTY THE SAME MAY BE AT THE TIME, SHALL BE DETACHED FROM SUCH OTHER COUNTY AND BECOME A MUNICIPAL AND TERRITORIAL PART OF THE CITY AND COUNTY OF BROOMFIELD.

ON AND AFTER NOVEMBER 15, 2001, NO ANNEXATION OR CONSOLIDATION PROCEEDING SHALL BE INITIATED PURSUANT TO THE GENERAL ANNEXATION AND CONSOLIDATION STATUTES OF THE STATE TO ANNEX LANDS TO OR CONSOLIDATE LANDS WITH THE CITY AND COUNTY OF BROOMFIELD UNTIL SUCH PROPOSED ANNEXATION OR CONSOLIDATION IS FIRST APPROVED BY A MAJORITY VOTE OF A SEVEN­MEMBER BOUNDARY CONTROL COMMISSION. THE BOUNDARY CONTROL COMMISSION SHALL BE COMPOSED OF ONE COMMISSIONER FROM EACH OF THE BOARDS OF COMMISSIONERS OF ADAMS, BOULDER, JEFFERSON, AND WELD COUNTIES, RESPECTIVELY, AND THREE ELECTED OFFICIALS OF THE CITY AND COUNTY OF BROOMFIELD. THE COMMISSIONERS FROM EACH OF THE SAID COUNTIES SHALL BE APPOINTED BY RESOLUTION OF THE RESPECTIVE COUNTY BOARDS OF COMMISSIONERS. THE THREE ELECTED OFFICIALS FROM THE CITY AND COUNTY OF BROOMFIELD SHALL BE APPOINTED BY THE MAYOR OF THE CITY AND COUNTY OF BROOMFIELD. THE BOUNDARY CONTROL COMMISSION SHALL ADOPT ALL ACTIONS, INCLUDING ACTIONS REGARDING PROCEDURAL RULES, BY MAJORITY VOTE. EACH MEMBER OF THE BOUNDARY CONTROL COMMISSION SHALL HAVE ONE VOTE, INCLUDING THE COMMISSIONER WHO ACTS AS CHAIRPERSON OF THE COMMISSION. THE COMMISSION SHALL FILE ALL PROCEDURAL RULES ADOPTED BY THE COMMISSION WITH THE SECRETARY OF STATE.

Section 11.  Officers ­ city and county of Broomfield.  THE OFFICERS OF THE CITY AND COUNTY OF BROOMFIELD SHALL BE AS PROVIDED FOR BY ITS CHARTER OR ORDINANCES. THE JURISDICTION, TERM OF OFFICE, AND DUTIES OF SUCH OFFICERS SHALL COMMENCE ON NOVEMBER 15, 2001. THE QUALIFICATIONS AND DUTIES OF ALL SUCH OFFICERS SHALL BE AS PROVIDED FOR BY THE CITY AND COUNTY CHARTER AND ORDINANCES, BUT THE ORDINANCES SHALL DESIGNATE THE OFFICERS WHO SHALL PERFORM THE ACTS AND DUTIES REQUIRED OF COUNTY OFFICERS PURSUANT TO THIS CONSTITUTION OR THE GENERAL LAWS OF THE STATE OF COLORADO, AS FAR AS APPLICABLE. ALL COMPENSATION FOR ELECTED OFFICIALS SHALL BE DETERMINED BY ORDINANCE AND NOT BY STATE STATUTE. IF ANY ELECTED OFFICER OF THE CITY AND COUNTY OF BROOMFIELD SHALL RECEIVE ANY COMPENSATION, SUCH OFFICER SHALL RECEIVE THE SAME AS A STATED SALARY, THE AMOUNT OF WHICH SHALL BE FIXED BY ORDINANCE WITHIN LIMITS FIXED BY THE CITY AND COUNTY CHARTER OR BY RESOLUTION APPROVING THE CITY AND COUNTY BUDGET AND PAID IN EQUAL MONTHLY PAYMENTS. NO ELECTED OFFICER SHALL RECEIVE ANY INCREASE OR DECREASE IN COMPENSATION UNDER ANY ORDINANCE OR RESOLUTION PASSED DURING THE TERM FOR WHICH SUCH OFFICER WAS ELECTED.

Section 12.  Transfer of government.  UPON THE CANVASS OF THE VOTE SHOWING THE ADOPTION OF THE CONSTITUTIONAL PROVISIONS CREATING AND GOVERNING THE CITY AND COUNTY OF BROOMFIELD, THE GOVERNOR SHALL ISSUE A PROCLAMATION ACCORDINGLY, AND, ON AND AFTER NOVEMBER 15, 2001, THE CITY OF BROOMFIELD AND THOSE PARTS OF THE COUNTIES OF ADAMS, BOULDER, JEFFERSON, AND WELD INCLUDED IN THE BOUNDARIES OF SAID CITY SHALL BE CONSOLIDATED INTO THE CITY AND COUNTY OF BROOMFIELD. THE DUTIES AND TERMS OF OFFICE OF ALL OFFICERS OF ADAMS, BOULDER, JEFFERSON, AND WELD COUNTIES SHALL NO LONGER BE APPLICABLE TO AND SHALL TERMINATE WITH REGARD TO THE CITY AND COUNTY OF BROOMFIELD. ON AND AFTER NOVEMBER 15, 2001, THE TERMS OF OFFICE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF BROOMFIELD SHALL TERMINATE WITH REGARD TO THE CITY OF BROOMFIELD AND SAID MAYOR AND CITY COUNCIL SHALL BECOME THE MAYOR AND CITY COUNCIL OF THE CITY AND COUNTY OF BROOMFIELD. THE CITY COUNCIL OF THE CITY AND COUNTY OF BROOMFIELD, IN ADDITION TO PERFORMING THE DUTIES PRESCRIBED IN THE CITY AND COUNTY CHARTER AND ORDINANCES, SHALL PERFORM THE DUTIES OF A BOARD OF COUNTY COMMISSIONERS OR MAY DELEGATE CERTAIN DUTIES TO VARIOUS BOARDS AND COMMISSIONS APPOINTED BY THE CITY COUNCIL OF THE CITY AND COUNTY OF BROOMFIELD. THE CITY AND COUNTY OF BROOMFIELD SHALL BE A SUCCESSOR DISTRICT OF THE CITY OF BROOMFIELD UNDER SECTION 20 OF ARTICLE X OF THIS CONSTITUTION. ANY VOTER APPROVAL GRANTED THE CITY OF BROOMFIELD UNDER SECTION 20 OF ARTICLE X OF THIS CONSTITUTION PRIOR TO NOVEMBER 15, 2001, SHALL BE CONSIDERED VOTER APPROVAL UNDER SAID SECTION FOR THE CITY AND COUNTY OF BROOMFIELD. THE CITY AND COUNTY OF BROOMFIELD SHALL HAVE THE POWER TO CONTINUE TO IMPOSE AND COLLECT SALES, USE, AND PROPERTY TAXES THAT WERE IMPOSED BY THE CITY OF BROOMFIELD AND THE COUNTIES OF ADAMS, BOULDER, JEFFERSON, AND WELD WITHIN THE AREAS WHERE SAID TAXES WERE IMPOSED ON NOVEMBER 14, 2001, UNTIL THE VOTERS OF THE CITY AND COUNTY OF BROOMFIELD APPROVE UNIFORM SALES, USE, AND PROPERTY TAXES WITHIN THE CITY AND COUNTY OF BROOMFIELD OR APPROVE INCREASED SALES, USE, OR PROPERTY TAXES WITHIN THE CITY AND COUNTY OF BROOMFIELD. ANY VIOLATION OF ANY CRIMINAL STATUTES OF THE STATE OF COLORADO OCCURRING ON OR BEFORE NOVEMBER 14, 2001, SHALL CONTINUE TO BE PROSECUTED WITHIN THE COUNTY WHERE THE VIOLATION ORIGINALLY OCCURRED.

Section 13.  Sections self­executing - appropriations.   SECTIONS 10 THROUGH 13 OF THIS ARTICLE SHALL BE IN ALL RESPECTS SELF­EXECUTING AND SHALL BE CONSTRUED SO AS TO SUPERSEDE ANY CONFLICTING CONSTITUTIONAL OR STATUTORY PROVISION THAT WOULD OTHERWISE IMPEDE THE CREATION OF THE CITY AND COUNTY OF BROOMFIELD OR LIMIT ANY OF THE PROVISIONS OF THOSE SECTIONS. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 10 THROUGH 13, SAID SECTIONS SHALL BE EFFECTIVE ON AND AFTER NOVEMBER 15, 2001. AFTER THE ADOPTION OF THE CONSTITUTIONAL PROVISIONS CREATING AND GOVERNING THE CITY AND COUNTY OF BROOMFIELD, THE GENERAL ASSEMBLY MAY APPROPRIATE FUNDS, IF NECESSARY, IN COOPERATION WITH THE CITY AND COUNTY OF BROOMFIELD TO IMPLEMENT THESE CONSTITUTIONAL PROVISIONS AT THE STATE LEVEL.

SECTION 2.  Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "AN AMENDMENT TO ARTICLE XX OF THE CONSTITUTION OF THE STATE OF COLORADO, CONCERNING THE CREATION OF THE CITY AND COUNTY OF BROOMFIELD."

SECTION 3.  The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.


Created: 5/6/98 Updated: 5/6/98