C.R.S. Section 37-46-147
Rents and charges

(1)

Intentionally left blank —Ed.

(a)

The district, any subdistrict, and any political subdivision of the state of Colorado contracting with the district or subdistrict and fixing and collecting annual rentals, service charges, and other charges, or any combination thereof, are, in supplementation of the powers provided in this article, authorized to fix and collect rents, rates, fees, tolls, and other charges, in this article sometimes referred to as “service charges”, for direct or indirect connection with, or the use or services of, a water system, electrical system, joint system, or other facilities, including, without limitation, connection charges, minimum charges, and charges for the availability of service.

(b)

Such service charges may be charged to and collected in advance or otherwise by a district from any political subdivision or person and by any political subdivision from any person contracting for such connection or use or services or from the owner or occupant, or any combination thereof, of any real property which directly or indirectly is or has been or will be connected with any such facilities, and the political subdivision or owner or occupant of any such real property shall be liable for and shall pay such service charges to the district, subdistrict, or political subdivision fixing the service charges at the time when and place where such service charges are due and payable.

(c)

Such service charges of the district or subdistrict may accrue from any date on which the board of directors reasonably estimates, in any resolution authorizing the issuance of any securities or other instrument pertaining thereto or in any contract with any political subdivision or person, that any facilities or project being acquired or improved and equipped will be available for service or use.

(2)

Intentionally left blank —Ed.

(a)

Such rents, rates, fees, tolls, and other charges, being in the nature of use or service charges, shall, as nearly as the district, subdistrict, or political subdivision fixing the service charges shall deem practicable and equitable, be reasonable, and such service charges shall be uniform throughout the district, subdistrict, or political subdivision for the same type, class, and amount of use or service of the facilities and may be based or computed either: On measurements of water, flow devices, or electric meters, duly provided and maintained by the district, subdistrict, or political subdivision, or any user as approved by the district, subdistrict, or political subdivision fixing such charges; or on the consumption of water or electricity in or on or in connection with the political subdivision, or any person, or real property, making due allowance for commercial use of water and infiltration of groundwater and discharge of surface runoff to the facilities, or on the number and kind of water or electric outlets on or in connection with the political subdivision, person, or real property, or on the water or electric fixtures or facilities in or on or in connection with the political subdivision, person, or real property; or on the number of persons residing or working in or on or otherwise connected or identified with the political subdivision, person, or real property, or on the capacity of the improvements in or on or connected with the political subdivision, person, or real property; or upon the availability of service or readiness to serve by the facilities; or on any other factors determining the type, class, and amount of use or service of the facilities; or on any combination of any such factors.

(b)

Reasonable penalties may be fixed for any delinquencies, including, without limitation, interest on delinquent service charges from any date due at a rate of not exceeding one percent per month or fraction thereof, reasonable attorneys’ fees, and other costs of collection.

(3)

The district, subdistrict, or political subdivision fixing the service charges shall prescribe and, from time to time when necessary, revise a schedule of such service charges, which shall comply with the terms of any contract of the district, subdistrict, or political subdivision fixing the service charges.

(4)

The general assembly has determined and declared that the obligations, arising from time to time, of the district, any subdistrict, any political subdivision, or any person to pay service charges fixed in connection with any facilities shall constitute general obligations of the district, subdistrict, political subdivision, or person charged with their payment; but, as such obligations accrue for current services and benefits from, and the use of, any such facilities, the obligations shall not constitute an indebtedness of the district, any subdistrict, or any political subdivision within the meaning of any constitutional, charter, or statutory limitation or any other provision restricting the incurrence of any debt.

(5)

No board, agency, bureau, commission, or official, other than the board of directors of the district or subdistrict, respectively, or the governing body of the political subdivision fixing the service charges, has authority to fix, prescribe, levy, modify, supervise, or regulate the making of service charges or to prescribe, supervise, or regulate the performance of services pertaining to the facilities thereof, as authorized by this article; but this subsection (5) shall not be construed to be a limitation on the contracting powers of the board of directors of the district or any subdistrict, respectively, or the governing body of any such political subdivision.

Source: Section 37-46-147 — Rents and charges, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-37.­pdf (accessed Oct. 20, 2023).

37‑46‑101
Legislative declaration 37‑46‑102
Definitions 37‑46‑103
District body corporate - area 37‑46‑104
Board of directors 37‑46‑105
Compensation of directors 37‑46‑106
Vacancies - secretary and treasurer 37‑46‑107
General powers 37‑46‑108
Principal office - meetings 37‑46‑109
Authority of board to levy taxes 37‑46‑109.3
Taxes - determination and collection 37‑46‑109.4
Levies to cover district’s deficiencies 37‑46‑110
Organization 37‑46‑111
Rules and regulations 37‑46‑112
Petition 37‑46‑113
Notice of hearing on petition 37‑46‑114
Protesting of petitions 37‑46‑114.5
Alternative procedure for organizing a subdistrict 37‑46‑115
Board of directors to prepare plans 37‑46‑116
Appointment of appraisers 37‑46‑117
Compensation of appraisers 37‑46‑118
Board bound by financing plan 37‑46‑119
Directors may make assessments 37‑46‑120
Improvement district bonds 37‑46‑121
Assessments perpetual lien 37‑46‑122
Invalid assessments - board remedy 37‑46‑123
Assessment record as evidence 37‑46‑124
Remedies in case of faulty notice 37‑46‑125
Lawful contracts 37‑46‑126
Issuance of general obligation bonds and revenue bonds 37‑46‑126.2
Subdistrict’s levy of taxes 37‑46‑126.3
Levy and collection of subdistrict’s taxes 37‑46‑126.4
Levies to cover subdistrict deficiencies 37‑46‑126.5
County to levy and collect 37‑46‑126.6
Delinquent taxes 37‑46‑127
Maintenance assessment 37‑46‑128
Annual levy limit 37‑46‑129
Investment of surplus funds 37‑46‑130
Sinking fund 37‑46‑131
Court confirmation 37‑46‑132
Allocation of water or service 37‑46‑133
Election to authorize debt 37‑46‑134
Definition of elector 37‑46‑135
Elections 37‑46‑136
Election resolution 37‑46‑137
Conduct of election 37‑46‑138
Notice of election 37‑46‑139
Polling places 37‑46‑140
Election supplies 37‑46‑141
Election returns 37‑46‑142
Debt election contests 37‑46‑143
Covenants and other provisions in bonds 37‑46‑144
Liens on pledged revenues 37‑46‑145
Rights - powers of holders of bonds - trustees 37‑46‑146
Investments and securities 37‑46‑147
Rents and charges 37‑46‑148
Miscellaneous powers 37‑46‑149
Cooperative powers 37‑46‑150
Joint action entity 37‑46‑151
Correlative powers of political subdivisions
Green check means up to date. Up to date

Current through Fall 2024

§ 37-46-147’s source at colorado​.gov