C.R.S. Section 32-7-139
Payments for facilities acquired by regional service authority

  • valuation

(1)

For any service authorized and approved under this article, the board of directors may acquire rights, properties, and other assets and liabilities of counties, municipalities, or special districts either through contract with the local governmental unit or upon resolution of the board, pursuant to section 32-1-701 (4), or upon the provision of any service on an exclusive basis as provided in section 32-7-112. Upon assuming the rights, title, and interest in any facility, the board shall become obligated to pay to the county, municipality, or special district, as the case may be, an amount, when due, equivalent to that necessary for the payment of all outstanding bonds and obligations of said jurisdictions for the acquisition, construction, and improvement of facilities acquired by the board.

(2)

Upon the acquisition of facilities as provided in subsection (1) of this section, the board shall provide an offset of charges to the local jurisdiction either in service fees or ad valorem taxes in an amount equivalent to that which must be raised by the local governmental unit for the payment of outstanding obligations owed by such jurisdiction upon facilities acquired by the board.

(3)

When any service authority board assumes the ownership of any existing facilities of a local governmental unit, the local governmental unit which paid part or all of the cost of such facilities, directly or by contract with another entity, may be entitled to receive a credit against any service charges or ad valorem taxes which may be apportioned or charged to the residents of such local governmental unit. Said credit may be spread over a period not exceeding thirty years. An additional credit equal to interest on the unused credit balance may be paid annually at a rate not exceeding four percent per annum. The amount of such credit shall not exceed the current value of the facilities. The board shall negotiate with the local governmental units in determining the value of any facility and the amount of credit to be granted, but the determination of the board shall be final subject to court review.

(4)

In the event a local governmental unit believes that the board has been arbitrary or capricious in providing or not providing for a credit as permitted in this section, the governing board of such jurisdiction may commence an action in the district court. The court may dismiss the action or recommit the controversy to the board for further negotiation, if it determines that the action of the board was arbitrary or capricious.

Source: Section 32-7-139 — Payments for facilities acquired by regional service authority - valuation, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-32.­pdf (accessed Oct. 20, 2023).

32‑7‑101
Short title 32‑7‑102
Legislative declaration 32‑7‑103
Definitions 32‑7‑104
Territorial requirements for service authorities 32‑7‑105
Petition or resolution for formation - designation of services 32‑7‑106
Priority of petition or resolution 32‑7‑107
Court appoints an organizational commission and election committee 32‑7‑108
Service authority organizational commission 32‑7‑109
Election for formation, selection of services, and initial board of directors 32‑7‑110
Board of directors 32‑7‑111
Designation of services 32‑7‑112
Local authorization of functions, services, and facilities 32‑7‑113
General powers 32‑7‑114
Duties related to planning powers 32‑7‑115
Ancillary powers 32‑7‑116
Powers to be exercised without franchise - condition 32‑7‑117
Revenues of service authority - collection 32‑7‑118
Levy and collection of taxes 32‑7‑119
Levies to cover deficiencies 32‑7‑120
Power to issue revenue bonds - terms 32‑7‑121
Power to incur indebtedness - interest - maturity - denominations 32‑7‑122
Debt question submitted to electors - resolution 32‑7‑123
Effect - subsequent elections 32‑7‑124
Correction of faulty notices 32‑7‑125
Refunding bonds 32‑7‑126
Limitations upon issuance 32‑7‑127
Use of proceeds of refunding bonds 32‑7‑128
Combination of refunding and other bonds 32‑7‑129
Board’s determination final 32‑7‑130
Anticipation warrants 32‑7‑131
Inclusion - counties - municipality - existing service authority - procedures 32‑7‑132
Special taxing districts authorized 32‑7‑133
Formation of special taxing districts 32‑7‑134
Local improvement districts authorized 32‑7‑135
Procedures to establish local improvement districts 32‑7‑136
Special districts - transfer of responsibility 32‑7‑137
Special districts - formation within service authority territory forbidden 32‑7‑138
Transfer and assumption of services 32‑7‑139
Payments for facilities acquired by regional service authority - valuation 32‑7‑140
Public transportation 32‑7‑141
Sewage collection, treatment, and disposal 32‑7‑142
Urban drainage and flood control 32‑7‑143
Assumption of services by a service authority in the Denver metropolitan area 32‑7‑144
Dissolution 32‑7‑145
Early hearings 32‑7‑146
Elections
Green check means up to date. Up to date

Current through Fall 2024

§ 32-7-139’s source at colorado​.gov