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<br />
<br />TITLE 32
<br />SPECIAL DISTRlCTS
<br />
<br />ARTICLE 1
<br />Special District Provisions
<br />
<br />PART 10
<br />GENERAL POWERS
<br />
<br />32-1-1001 - Common powers. (1) For and
<br />on behalf of the special district the board has the
<br />following powers:
<br />(a) To have perpetual existence;
<br />(b) To have and use a corporate seal;
<br />( c) To sue and be sued and to be a party to
<br />suits, actions, and proceedings;
<br />(d) (D To enter into contracts and
<br />agreements affecting the affairs of the special district
<br />except as otherwise provided in this part 10,
<br />including contracts with the United States and any of
<br />its agencies or instrumentalities. Except in cases in
<br />which a special district will receive aid from a
<br />governmental agency or purchase through the state
<br />purchasing program, a notice shall be published for
<br />bids on all construction contracts for work or
<br />material, or both, involving an expense of twenty-five
<br />thousand dollars or more of public moneys. The
<br />special district may reject any and all bids, and, if it
<br />appears that the special district can perform the work
<br />or secure material for less'than the lowest bid, it may
<br />proceed to do so.
<br />(II) No contract for work or material
<br />including a contract for services, regardless of the
<br />amount, shall be entered into between the special
<br />district and a member of the board or between the
<br />special district and the owner of twenty-five percent
<br />or more of the territory within the special district
<br />unless a notice has been published for bids and such
<br />member or owner submits the lowest responsible and
<br />responsive bid.
<br />(e) To borrow money and incur indebtedness
<br />and evidence the same, by certificates, notes, or
<br />debentures, and to issue bonds, including revenue
<br />bonds, in accordance with the provisions of part 11 of
<br />this article, and to invest any moneys of the special
<br />district in accordance with part 6 of article 75 of title
<br />24, C.R.S.;
<br />(f) To acquire, .dispose of, and encumber
<br />real and personal property including, without
<br />limitation, rights and interests in property, leases, and
<br />easements necessary to the functions or the operation
<br />of the special district;. except that the board shall not
<br />pay more than fair market value and reasonable
<br />settlement costs for any interest in real property and
<br />shaH not pay for any interest in real property which
<br />must otherwise be dedicated for public use or the
<br />
<br />special district's use in' accordance with any
<br />governmental ordinance, regulation, or law;
<br />(g) To refund any bonded indebtedness as
<br />provided in.part 13 of this article or article 54 or 56
<br />of title 11, C.R.S.;
<br />(h) To have the management, control, and
<br />supervision of all the business and affain; of the
<br />special district as defmed in this article and all
<br />construction, installation, operation, and maintenance
<br />of special district improvements;
<br />(i) To appoint, hire, and retain agents,
<br />employees, engineers, and attorneys;
<br />l(j) (1)\ To fix and from time to time to
<br />increase 'or decrease fees, rates, tolls, penalties, or
<br />charges for services, programs, or facilities furnished
<br />by the special district; except that fire protection
<br />districts may only fix fees and charges as provided in
<br />section 32-1-1002 (I) (e). The board may pledge such
<br />revenue for the payment of any indebtedness of the
<br />special district. Until paid, all such fees, rates, tolls,
<br />penalties, or charges shall constitute a perpetual lien
<br />on and against the property served, and any such lien
<br />may be foreclosed in the same manner as provided by
<br />the laws of this state for the foreclosure of mechanics'
<br />liens.
<br />J
<br />(ll)INotwithstanding any other provision to
<br />the contrary, the board may waive or amortize all or
<br />part of the tap fees and connection fees or extend the
<br />time period for paying all or part of such fees for
<br />property within the district in order to facilitate the
<br />construction, ownership, and operation of affordable
<br />housing on such property, as such affordable housing
<br />is defined by resolution adopted by the board..
<br />However, the board shall have the authority to
<br />condition such waiver, amortization, or extension
<br />upon the recordation against the property of a deed
<br />restriction, lien, or other lawful instrument requiring
<br />the payment of such fees in the event that the
<br />property's use as affordable housing is discontinued
<br />or no longer meets the definition of affordable
<br />housing as established by the board.
<br />(k) To furnish services and facilities without
<br />the boundaries of the special district and to establish
<br />fees, rates, tolls, penalties, or charges for such
<br />services and facilities;
<br />(I) To accept, on behalf of the special
<br />district, real or personal property for the use of the
<br />special district and to accept gifts and conveyances
<br />made to the special district upon such terms ('If
<br />conditions as the board may approve;
<br />(m) To adopt, amend, and enforce bylav..'S
<br />and rules and regulations not in conflict with the
<br />constitution and laws of this state for carrying on the
<br />business, objects, and affairs of the board and of the
<br />special district;
<br />
<br />Page I
<br />
<br />November, 2001
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