C.R.S. Section 32-9-106.7
Additional district area

  • petition or election
  • required filings
  • definitions

(1)

Subject to the requirements of section 32-9-106.1 (2)(e)(III), the following areas may be included in the district according to the terms set forth in this section:

(a)

For any parcel of land thirty-five acres or more that is located in the incorporated or unincorporated portion of any county and has a boundary that is contiguous to any boundary of the district, the land may be included in the district upon presentation to the board of a petition signed by one hundred percent of the owners of the land sought to be included. The petition shall contain a legal description of the land, shall state that assent to the inclusion is given by the fee owner or owners thereof, and shall be acknowledged by the fee owner or owners in the same manner as required for the conveyance of land.

(b)

For any area in an incorporated or unincorporated portion of any county containing multiple parcels of land, any of which is less than thirty-five acres and which area is contiguous to any boundary of the district, the area may be included in the district after one of the following conditions is met:

(I)

One hundred percent of the owners of the land within the specified area, including the owners of any land constituting a planned unit development or subdivision, submit a petition to the board seeking inclusion in the district. The petition shall contain a legal description of the land, shall state that assent to the inclusion is given by the fee owner or owners thereof, and shall be acknowledged by the fee owner or owners in the same manner as required for the conveyance of land.

(II)

Intentionally left blank —Ed.

(A)

A petition requesting an election for the purpose of including the specified area in the district signed by at least eight percent of the eligible electors who reside within the geographic boundaries of the area is submitted to the board. The petition shall contain a legal description of the area; and

(B)

The board authorizes an election to be held in the area sought to be included and a majority of those registered electors, as defined in section 1-1-104 (35), C.R.S., who reside within the geographic boundaries of the area and who vote in such election, approve the inclusion of the area in the district.
(c)(Deleted by amendment, L. 2007, p. 623, § 1, effective April 26, 2007.)(1.5)(a) As used in this subsection (1.5), “area” means:

(I)

All or any portion of a county entirely outside the boundaries of the district; or

(II)

Portions of a county that are not within the boundaries of the district when other portions of the county are within the boundaries of the district.

(b)

Subject to the requirements of section 32-9-106.1 (2)(e)(III), the area that is contiguous to any boundary of the district may be included in the district according to the following terms:

(I)

An election is requested for the purpose of including the area in the district by one of the following methods:

(A)

A petition signed by at least eight percent of the eligible electors in both incorporated and unincorporated portions of the area who reside within the geographic boundaries of the area is submitted to the board. The petition shall contain a legal description of the area to be included within the district.

(B)

A resolution by the board of county commissioners of the county to hold an election for the purpose of including the area, including municipalities and home rule municipalities, in the district is submitted to the board of directors of the district. The resolution shall contain a legal description of the area to be included within the district.

(II)

The board authorizes an election to be held at the same time for both the incorporated and unincorporated portions of the area seeking to be included in the district and a majority of those registered electors, as defined in section 1-1-104 (35), C.R.S., who reside within the geographic boundaries of the area and who vote in the election approve the inclusion of the area in the district.

(2)

No election shall be held for inclusion of any area into the district pursuant to this section unless the board of directors of the district first resolves to accept the area if the election is successful. No petition for the inclusion of any area into the district shall be accepted except upon majority vote of the board of directors of the district.

(3)

Intentionally left blank —Ed.

(a)

A petition submitted to the voters pursuant to this section shall be filed with the board at least one hundred twenty days before the election at which the ballot question is submitted to a vote. Upon receiving such petition, the board shall designate an election official to conduct the election and provide a copy of the petition to such official. Upon declaring the petition sufficient, the board shall submit the petition along with the ballot question to the coordinated election official in accordance with section 1-7-116, C.R.S., and the coordinated election official shall conduct the election.

(b)

Any ballot for any election authorized by this section shall include a description of the specified area proposed to be included in the district and the current rate of sales tax levied by the regional transportation district.

(c)

The ballot shall contain the following question: “Shall the area described in the ballot be included in the regional transportation district?”

(d)

An election held pursuant to this section shall be conducted in accordance with articles 1 to 13 of title 1, C.R.S., and any other requirements of this section. The election shall be run by the office of the clerk and recorder of the county containing the area seeking inclusion in the district. The ballot question shall be submitted to a vote pursuant to this section only at a state general election or, if the board so determines, at a special election held on the first Tuesday in November of an odd-numbered year. The district shall pay for all costs associated with the election.

(e)

The board shall call the election authorized by this section by resolution. The resolution shall state:

(I)

The object and purpose of the election;

(II)

A description of the area proposed to be included in the district;

(III)

The date of the election; and

(IV)

The name of the designated election official who is responsible for conducting the election pursuant to articles 1 to 13 of title 1, C.R.S.

(4)

Repealed.

Source: Section 32-9-106.7 — Additional district area - petition or election - required filings - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-32.­pdf (accessed Oct. 20, 2023).

32‑9‑101
Short title
32‑9‑102
Legislative declaration
32‑9‑103
Definitions
32‑9‑104
Liberal construction
32‑9‑105
Creation of district
32‑9‑106.1
District area
32‑9‑106.6
Additional district areas as a result of annexation
32‑9‑106.7
Additional district area - petition or election - required filings - definitions
32‑9‑106.8
Additional district areas - annexation of unincorporated territory that is entirely surrounded by the district
32‑9‑106.9
District area - town of Castle Rock in Douglas county
32‑9‑107
Mass transportation system
32‑9‑107.5
Regional fixed guideway mass transit system - authorization
32‑9‑107.7
Regional fixed guideway mass transit systems - construction - authorization
32‑9‑109.5
Board of directors - membership - powers
32‑9‑111
Election of directors - dates - terms
32‑9‑112
Vacancies - appointments - recall
32‑9‑113
Fidelity bonds
32‑9‑114
Board’s administrative powers
32‑9‑115
Records of board - audits
32‑9‑116
Meetings of board
32‑9‑117
Compensation of directors
32‑9‑118
Conflicts in interest prohibited
32‑9‑119
Additional powers of district
32‑9‑119.1
Transportation expansion plan - utility relocation - legislative declaration - definitions
32‑9‑119.3
Elections for sales tax rate increase
32‑9‑119.4
Election for a sales tax rate increase - petition requirement
32‑9‑119.5
Competition to provide vehicular service within the regional transportation district - definition
32‑9‑119.7
Cost efficiency of transit services - reporting - plans
32‑9‑119.8
Provision of retail and commercial goods and services at district transfer facilities - residential and other uses at district transfer facilities permitted - definitions
32‑9‑119.9
Limited authority to charge fees for parking - reserved parking spaces - penalties - definitions
32‑9‑120
Levy of taxes - limitations
32‑9‑121
Levies to cover deficiencies
32‑9‑122
Levying and collecting taxes - lien
32‑9‑123
Delinquent taxes
32‑9‑123.5
Prohibition on borrowing by district
32‑9‑124
Forms of borrowing
32‑9‑125
Issuance of notes
32‑9‑126
Issuance of warrants
32‑9‑127
Maturities of notes and warrants
32‑9‑128
Incurrence of special obligations
32‑9‑128.5
Private activity and exempt facility bonds
32‑9‑129
Issuance of temporary bonds
32‑9‑130
Issuance of interim notes
32‑9‑131
Pledge of proceeds of sales taxes and revenues
32‑9‑132
Ranking among different issues
32‑9‑133
Ranking in same issue
32‑9‑134
Payment recital in securities
32‑9‑135
Incontestable recital in securities
32‑9‑136
Limitation upon payment
32‑9‑137
Security details
32‑9‑138
Negotiability
32‑9‑139
Single bonds
32‑9‑140
Sale of securities
32‑9‑141
Application of proceeds
32‑9‑142
Use of unexpended proceeds
32‑9‑143
Covenants in security proceedings
32‑9‑144
Remedies of security holders
32‑9‑145
Limitations upon liabilities
32‑9‑146
Interest after maturity
32‑9‑147
Refunding bonds
32‑9‑148
Issuance of interim notes
32‑9‑149
Elections
32‑9‑150
Election resolution
32‑9‑151
Conduct and costs of elections
32‑9‑156
District - tax exempted
32‑9‑158
Merger, consolidation, or assumption of district
32‑9‑159
Freedom from judicial process
32‑9‑160
Misdemeanors
32‑9‑161
Eminent domain
32‑9‑162
Money management
32‑9‑163
Investment management
32‑9‑164
Custodians
Green check means up to date. Up to date

Current through Fall 2024

§ 32-9-106.7’s source at colorado​.gov