C.R.S. Section 23-71-122
Local college district board of trustees

  • specific powers
  • rules
  • definitions

(1)

In addition to any other power granted by law to a board of trustees of a local college district, each board has the power to:

(a)

Take and hold in the name of the district so much real and personal property as may be reasonably necessary for any purpose authorized by law;

(b)

Sue and be sued and be a party to contracts for any purpose authorized by law;

(c)

Purchase real property on such terms, including but not limited to installment purchase plans, as the board sees fit or lease or rent real property on such terms as the board sees fit for any school sites, buildings, or structures or for any school purpose authorized by law; determine the location of each school site, building, or structure; and construct, erect, repair, alter, and remodel buildings and structures;

(d)

Sell and convey district property for any purpose authorized by law, upon such terms and conditions as it may approve; and lease any such property, pending sale thereof, under an agreement of lease, with or without an option to purchase the same;

(e)

Rent or lease district property and permit the use of district property by community organizations upon such terms and conditions as it may approve;

(f)

Employ a chief executive officer to administer the affairs and the programs of the district, pursuant to a contract;

(g)

Procure group life, health, or accident insurance covering employees of the district pursuant to section 10-7-203, C.R.S.;

(h)

Provide for the necessary expenses of the board in the exercise of its powers and the performance of its duties and reimburse a board member for necessary expenses incurred by him in the performance of his official duties, whether within or without the territorial limits of the district;

(i)

Procure such insurance coverage on the building, structures, and equipment owned by the district, or in which the district has an insurable interest, as, in the judgment of the board, may be adequate from time to time;

(j)

Procure such casualty insurance coverage on the personal property owned by the district, or in which the district has an insurable interest, as may, in the judgment of the board, be adequate from time to time;

(k)

Procure public liability insurance covering the district and the directors and employees thereof;

(l)

Procure liability and property damage insurance on buses or motor vehicles owned or rented by the district and accident insurance covering the medical expenses incurred by any pupil who is injured while being furnished transportation by the district, including injury received in the course of entering or alighting from any school bus or other means of transportation furnished by the district;

(m)

Elect to have moneys belonging to the district withdrawn from the custody of the county treasurer and paid over to the treasurer of the board in the manner provided by law;

(n)

Accept gifts, donations, or grants of any kind made to the district and expend or use said gifts, donations, or grants in accordance with the conditions prescribed by the donor; but no gift, donation, or grant shall be accepted by the board if subject to any condition contrary to law;

(o)

Authorize the use of facsimile signatures on teacher contracts, bonds, and bond coupons by appropriate resolution;

(p)

Take and hold, under the provisions of any law in effect providing for the exercise of the rights of eminent domain, so much real estate as may be necessary for the location and construction of a local district college building and for the convenient use of said local district college;

(q)

Contract with another local college district or public school district or with the governing body of a state college or university, with the tribal corporation of any Indian tribe or nation, with any federal agency or officer or any county, city, or city and county, or with any natural person, body corporate, or association for the performance of any service, activity, or undertaking which any school may be authorized by law to perform or undertake. Such contract shall set forth fully the purposes, powers, rights, obligations, and responsibilities, financial or otherwise, of the parties so contracting and shall provide that the service, activity, or undertaking be of comparable quality and meet the same requirements and standards as would be necessary if performed by the school district. A contract executed pursuant to this paragraph (q) may include, among other things, the purchase or renting of necessary building facilities, equipment, supplies, and employee services.

(r)

Issue general obligation bonds, refund the same, and provide for the payment thereof by taxation for the purposes, to the extent, and in the manner provided by parts 5 and 6 of this article and pledge the revenues of the district as additional security for the payment of general obligation bonds. Each local college district also has the power to issue general obligation refunding bonds to refund revenue bonds or to refund other revenue securities upon the approval of a majority of the eligible electors voting at an election called and held in the manner provided by part 5 of this article for elections on school building bonds.

(s)

Cooperate with the state board for community colleges and occupational education in carrying out the provisions of the national and state vocational education and rehabilitation acts, or amendments thereto, or any such acts providing for vocational education or vocational rehabilitation of individuals with disabilities;

(t)

Enter into a contract for administrative services with a term not to exceed five years, for capital outlay purposes in accordance with paragraph (c) of this subsection (1) and parts 5, 6, and 7 of this article, or for the purchase of real property pursuant to paragraph (c) of this subsection (1). Any such contract shall be valid and enforceable between the parties to the contract.

(u)

Adopt written policies, rules, and regulations, not inconsistent with law, which may relate to study, discipline, conduct, safety, and welfare of all students, or any classification of students, enrolled in the local district college and adopt written procedures not inconsistent with this article for the expulsion of or denial of admission to a student, which procedures shall afford due process to students and school personnel;
(v)
Intentionally left blank —Ed.

(I)

Determine the location of each school site, building, or structure and construct, erect, repair, alter, rebuild, replace, and remodel buildings and structures without a permit or fee or compliance with a local building code. The authority delegated by this subparagraph (I) shall exist notwithstanding any authority delegated to or vested in any county, town, city, or city and county. Prior to the acquisition of land for school building sites or the construction of buildings thereon, the board of trustees of a local college district shall consult with the planning commission that has jurisdiction over the territory in which the site, building, or structure is proposed to be located, on issues related to the location of the site, building, or structure in order to ensure that the proposed site, building, or structure conforms to the adopted plan of the community insofar as is feasible. All buildings and structures shall be constructed in conformity with the building and fire codes adopted by the director of the division of fire prevention and control, referred to in this section as the “division”, in the department of public safety. The board shall notify the planning commission that has jurisdiction over the territory in which a site, building, or structure is proposed to be located, in writing, of the location of the site, building, or structure before awarding a contract for the purchase or the construction thereof.

(II)

Intentionally left blank —Ed.

(A)

This paragraph (v) shall apply to building or structure construction. Except as specified in sub-subparagraph (A.5) of this subparagraph (II), the division shall conduct the necessary plan reviews, issue building permits, cause the necessary inspections to be performed, perform all final inspections, and issue certificates of occupancy to assure that a building or structure constructed pursuant to subparagraph (I) of this paragraph (v) has been constructed in conformity with the building and fire codes adopted by the director of the division. Pursuant to this sub-subparagraph (A), the division may contract with third-party inspectors that are certified by the division in accordance with section 24-33.5-1213.5, C.R.S., to perform inspections. The local college district may hire and compensate third-party inspectors under contract with the division to perform inspections or hire and compensate other third-party inspectors that are certified in accordance with section 24-33.5-1213.5, C.R.S., to perform inspections. If the local college district is unable to obtain a third-party inspector and no building department has been prequalified, the division shall perform the required inspections. If a third-party inspector is used, the director of the division shall require a sufficient number of inspection reports to be submitted to the division based upon the scope of the project to ensure quality inspections are performed. The third-party inspector shall attest that inspections are complete before the local college district is issued a certificate of occupancy unless the criteria for a temporary certificate of occupancy are met. Inspection records shall be retained by the third-party inspector for two years after the certificate of occupancy is issued. If the division finds that inspections are not completed satisfactorily, as determined by rule of the division, or that all violations are not corrected, the division shall take enforcement action against the local college district pursuant to section 24-33.5-1213, C.R.S. If inspections are not complete and a building requires immediate occupancy, and if the local college district has passed the appropriate inspections that indicate there are no life safety issues, the division may issue a temporary certificate of occupancy. The temporary certificate of occupancy shall expire ninety days after the date of occupancy. If no renewal of the temporary certificate of occupancy is issued or a permanent certificate of occupancy is not issued, the building shall be vacated upon expiration of the temporary certificate. The division shall enforce this sub-subparagraph (A) pursuant to section 24-33.5-1213, C.R.S.

(A.5)

Pursuant to a memorandum of understanding between the appropriate building department and the division, the division may prequalify an appropriate building department to conduct the necessary plan reviews, issue building permits, conduct inspections, issue certificates of occupancy, and issue temporary certificates of occupancy pursuant to sub-subparagraph (A) of this subparagraph (II), to ensure that a building or structure has been constructed in conformity with the building and fire codes adopted by the director of the division, and to take enforcement action. Nothing in the memorandum of understanding shall be construed to allow the building department to take enforcement action other than in relation to the building and fire codes adopted by the division. An appropriate building department shall meet certification requirements established by the division pursuant to section 24-33.5-1213.5, C.R.S., prior to the prequalification. An affected local college district may, at its own discretion, opt to use a prequalified building department that has entered into a memorandum of understanding with the division as the delegated authority. If a building department conducts an inspection, the building department shall retain the inspection records for two years after the final certificate of occupancy is issued. The fees charged by the department shall cover actual, reasonable, and necessary costs. For purposes of this section, “appropriate building department” means the building department of a county, town, city, or city and county and includes a building department within a fire department.

(B)

The division shall cause copies of the building plans to be sent to the appropriate fire department for review of fire safety issues. The fire department shall review the building plans, determine whether the building or structure is in compliance with the fire code adopted by the director of the division, and respond to the division within twenty business days; except that the fire department may request an extension of this time from the director of the division on the basis of the complexity of the building plans.

(C)

If the fire department declines to perform the plan review or any subsequent inspection, or if no certified fire inspector is available, the division shall perform the plan review or inspection. As used in this section, “certified fire inspector” has the same meaning as set forth in section 24-33.5-1202 (2.5), C.R.S.

(D)

If the building or structure is in conformity with the building and fire codes adopted by the director of the division and if the fire department or the division certifies that the building or structure is in compliance with the fire code adopted by the director of the division, the division or the appropriate building department shall issue the necessary certificate of occupancy prior to use of the building or structure by the local college district.

(E)

If the division authorizes building code inspections by a third-party inspector pursuant to sub-subparagraph (A) of this subparagraph (II) or authorizes building code plan reviews and inspections by an appropriate building department pursuant to sub-subparagraph (A.5) of this subparagraph (II), the plan reviews and inspections shall be in lieu of any plan reviews and inspections made by the division; except that this subparagraph (II) shall not be construed to relieve the division of the responsibility to ensure that the plan reviews and inspections are conducted if the third-party inspector or appropriate building department does not conduct the plan reviews and inspections. Nothing in this paragraph (v) shall be construed to require a county, town, city, city and county, or fire department to conduct building code plan reviews and inspections.

(III)

If the division conducts the necessary plan reviews and causes the necessary inspections to be performed to determine that a building or structure constructed pursuant to subparagraph (I) of this paragraph (v) has been constructed in conformity with the building and fire codes adopted by the director of the division, the division shall charge fees as established by rule of the director of the division. Such fees shall cover the actual, reasonable, and necessary expenses of the division. Fees collected by the division pursuant to this subparagraph (III) shall be transmitted to the state treasurer, who shall credit the same to the public school construction and inspection cash fund created pursuant to section 24-33.5-1207.7, C.R.S. The director of the division, by rule or as otherwise provided by law, may increase or reduce the amount of the fees as necessary to cover actual, reasonable, and necessary costs of the division. The rules authorized by this paragraph (v) shall be promulgated in accordance with article 4 of title 24, C.R.S.

(IV)

Any moneys remaining as of December 31, 2009, in the public safety inspection fund created in section 8-1-151, C.R.S., from fees collected by the division of oil and public safety in the department of labor and employment pursuant to subparagraph (III) of this paragraph (v) as it existed prior to January 1, 2010, shall be transferred to the public school construction and inspection cash fund created in section 24-33.5-1207.7, C.R.S.

(V)

The inspecting entity shall cooperate with the affected board of trustees of a local college district in carrying out the duties of this section.

(VI)

If the inspecting entity and the board of trustees of a local college district disagree on the interpretation of the codes and standards of the division, the division shall set a date for a hearing as soon as practicable before the board of appeals in accordance with section 24-33.5-1213.7, C.R.S., and the rules adopted by the division pursuant to article 4 of title 24, C.R.S.

(VII)

School buildings shall be maintained in accordance with the fire code adopted by the director of the division pursuant to section 24-33.5-1203.5, C.R.S.

(w)

Enter into a cooperative arrangement with the division of fire prevention and control in the department of public safety to develop a system in which a qualified volunteer firefighter may receive a tuition voucher to attend courses at a local community college, including Aims community college and Colorado mountain college, in accordance with section 24-33.5-1216, C.R.S.

(1.5)

Notwithstanding the provisions of subsection (1) of this section, if Colorado Northwestern community college is accepted into the state system pursuant to section 23-71-207, the powers of the Rangely junior college district board of trustees shall be limited to those specified in section 23-71-207 (3)(a)(V).

(2)

Nothing in this section shall authorize a local college district to expend proceeds from the sale of general obligation or revenue bonds issued by said district to procure or erect a school or other building beyond the territorial limits of the district.

Source: Section 23-71-122 — Local college district board of trustees - specific powers - rules - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-23.­pdf (accessed Oct. 20, 2023).

23‑71‑101
Short title
23‑71‑102
Definitions
23‑71‑102.5
Local district college - local college district - change in terms - authority of revisor
23‑71‑103
Districts organized - when
23‑71‑104
Petition of electors
23‑71‑105
Election to organize
23‑71‑107
Qualifications of voters - conduct of elections
23‑71‑109
Record of votes
23‑71‑110
Election of board - members and terms
23‑71‑111
Election of first board - new district
23‑71‑114
Candidates for board of trustees
23‑71‑118
Officers
23‑71‑119
Regular meetings
23‑71‑120
District - body corporate
23‑71‑120.5
Recall of board members
23‑71‑121
Vacancies
23‑71‑122
Local college district board of trustees - specific powers - rules - definitions
23‑71‑123
Duties of board of trustees - degrees
23‑71‑124
President - duties
23‑71‑125
Secretary - duties
23‑71‑126
Treasurer - duties
23‑71‑127
Credits accepted by state institutions
23‑71‑128
Additions to district - procedure
23‑71‑129
Dissolution of district
23‑71‑130
Bonds as legal investments
23‑71‑131
Local district colleges subject to section 29-1-302
23‑71‑133
Local district colleges - attorney general to advise - revenue for baccalaureate degree programs
23‑71‑134
Local district colleges - bachelor of applied science degree programs - approval
23‑71‑135
Local district colleges - high school diplomas - approval
23‑71‑201
Definitions
23‑71‑202
Joining state system - state support
23‑71‑203
Submission of plan for joining state system
23‑71‑204
Approval of plan - election
23‑71‑205
Withdrawal from state system
23‑71‑206
Northeastern junior college - approval of plan - date of entry into state system - continuation of mill levy
23‑71‑207
Colorado Northwestern community college - approval of plan - date of entry into system - continuation of mill levy
23‑71‑208
Colorado Northwestern community college - disposal of assets
23‑71‑301
Direct grants to local college districts - occupational courses
23‑71‑302
Distribution of grants
23‑71‑303
Distributions to area technical colleges
23‑71‑304
Area technical college grant program - established - report - definitions - repeal
23‑71‑401
Definitions
23‑71‑402
Certification - tax revenues
23‑71‑403
Change in needed tax revenues - unlawful
23‑71‑404
County treasurer - accounts - warrants
23‑71‑405
Depositories
23‑71‑406
Registered warrants by treasurer of the board of trustees
23‑71‑407
Short-term loans
23‑71‑501
Definitions
23‑71‑502
Bonded indebtedness - elections
23‑71‑503
Limitations on elections
23‑71‑504
Limit of bonded indebtedness
23‑71‑514
Board of trustees may issue bonds - exemption from Colorado income tax
23‑71‑515
Form of bonds
23‑71‑516
Sale at less than par - discount
23‑71‑517
Board of trustees to certify needed revenues
23‑71‑518
Tax levy to pay principal and interest
23‑71‑519
Bond fund - payment and redemption
23‑71‑520
Place of payment
23‑71‑521
Registration of bonds
23‑71‑522
Changes in boundaries - liability
23‑71‑523
Validation
23‑71‑524
Prior obligations not impaired
23‑71‑525
Public disclosure of terms of sale
23‑71‑526
Validation
23‑71‑527
Validation - effect - limitations
23‑71‑601
Definitions
23‑71‑602
Refunding bonds may be issued
23‑71‑603
Question of issuing refunding bonds
23‑71‑604
Authorization - form - interest
23‑71‑605
Sale - proceeds - amounts
23‑71‑606
Needed revenues - tax levy - miscellaneous
23‑71‑607
Application of bond proceeds - procedures - limitations
23‑71‑608
Reports
23‑71‑609
Validation
23‑71‑610
Prior obligations not impaired
23‑71‑701
Short title
23‑71‑702
Definitions
23‑71‑703
Power to issue securities
23‑71‑704
Interim securities
23‑71‑705
Terms of securities
23‑71‑706
Payable from special fund
23‑71‑707
Recital of regularity
23‑71‑708
Committee determination conclusive
23‑71‑709
No impairment of contract
23‑71‑710
Tax exemption
23‑71‑711
Construction
23‑71‑712
Liberal construction
23‑71‑713
Validation
Green check means up to date. Up to date

Current through Fall 2024

§ 23-71-122’s source at colorado​.gov