Digest of Bills - 1998

PROPOSED STATE CONSTITUTIONAL AMENDMENTS

S.C.R. 98-13 City and county of Broomfield - creation. Requires that all territory within the municipal boundaries of the city of Broomfield be detached from the counties of Adams, Boulder, Jefferson, and Weld and consolidated into a single county and municipal corporation with the name of the city and county of Broomfield on and after November 15, 2001. Provides that the existing charter of the city of Broomfield shall be the charter of the city and county of Broomfield. Prohibits the city of Broomfield from extending its boundaries beyond the annexation boundary map approved by the Broomfield city council on April 28, 1998. Grants the new city and county perpetual succession, the right to own, possess, and hold all real and personal property, including water rights, the right to use water, and contracts for water, currently owned, possessed, or held by the city of Broomfield.

        Allows the city and county of Broomfield to assume, manage, and dispose of all trusts connected with the city of Broomfield; succeed to all the rights, liabilities, and benefits of the city of Broomfield; and pay all bonds, obligations, and indebtedness of the city of Broomfield and its proportionate share of the general obligation indebtedness and, as provided by intergovernmental agreement, its proportionate share of revenue bond obligations of the counties of Adams, Boulder, Jefferson, and Weld on and after November 15, 2001. Gives the new city and county the power within or without its territorial limits to construct, condemn, purchase, acquire, lease, add to, maintain, conduct, and operate public works systems that are local in use and extent, in whole or in part.

        Allows the city and county of Broomfield to take land for public use by right of eminent domain, issue bonds according to its charter in any amount necessary to carry out its powers and purposes and as the city and county charter may provide and limit, and make, amend, add to, or replace its charter provisions. Mandates that the city and county charter provisions shall supersede any constitutional or statutory limitations and procedures regarding financial obligations. Grants the new city and county all constitutional and statutory powers conferred to home rule municipalities and home rule counties that are not inconsistent with the constitutional provisions creating the city and county of Broomfield.

        Requires that on and before November 15, 2001, the charter and ordinances of the city of Broomfield shall govern all local and municipal matters of the city and that on and after that date, the constitutional provisions creating and governing the city and county of Broomfield, the charter adopted in accordance with those constitutional provisions, and any ordinances existing and adopted by said city and county shall govern all local and municipal matters of the city and county of Broomfield.

        Makes the constitutional and statutory requirements concerning the annexation and consolidation of counties applicable to the city and county of Broomfield on and after November 15, 2001. Requires that any contiguous territory, together with all property belonging thereto, that is annexed to or consolidated with the city and county of Broomfield on and after November 15, 2001, shall be detached from the other county and become a municipal and territorial part of the city and county of Broomfield. Establishes a 7-member boundary control commission to review and approve any proposed annexation to or consolidation with the city and county of Broomfield.

        Requires that the officers of the city and county of Broomfield be as provided in the city and county's charter and ordinances. Requires that the jurisdiction, term of office, and duties of elected officers begin on November 15, 2001. Requires that the qualifications and duties of such officers be provided by the city and county charter or ordinances, but provides that the ordinances must designate the officers who will perform the duties required of county officers pursuant to the Colorado constitution or state statute. Requires that city and county elected officials' compensation be a stated salary fixed by ordinance, rather than state statute, within the limits of the charter or by a resolution approving the city and county budget, and paid in equal monthly payments. Prohibits elected officials from receiving an increase or decrease in compensation under any ordinance passed during the term for which such officer is elected.

        Establishes a procedure for the transfer of government to the city and county of Broomfield. Specifies when the terms of the city of Broomfield's officers terminate and when the duties and terms of the officers of the four affected counties will no longer be applicable with regard to the city and county of Broomfield. Specifies that the mayor and city council of the city of Broomfield shall become the initial officers of the new city and county. Requires the mayor and city council of the new city and county to function as a board of county commissioners and allows those duties to be delegated to various boards and commissions by such council. Grants the new city and county authority to continue to impose and collect sales, use, and property taxes that were imposed by the city of Broomfield and Adams, Boulder, Jefferson, and Weld counties until changed by voter approval. Provides that the city and county of Broomfield is a successor district of the city of Broomfield for the purposes of the Taxpayer's Bill of Rights (TABOR), with any voter approval granted to said city to be considered voter approval for the city and county of Broomfield. Provides that any violation of criminal statutes occurring on or before November 14, 2001, shall continue to be prosecuted within the county where the violation originally occurred.

        Authorizes the general assembly to appropriate funds, if necessary, in cooperation with the city and county of Broomfield to implement the constitutional provisions creating the city and county at the state level.

EFFECTIVE November 15, 2001; except that certain provisions in sections 10 through 13 are effective upon the Governor's proclamation or thirty days after a canvas of the votes is completed, whichever occurs earlier.

H.C.R. 98-1008 Local government - ability to provide health care in joint ownership with any person. Allows a local government to provide any lawfully authorized health care function as a joint owner, shareholder with, or member of, any public or private entity if such local government does not incur debt or pledge its credit or faith. Requires a local government to own its just proportion of such arrangement. Specifies that any private entity or relationship established for such purpose shall not be deemed a political subdivision, local government, or local public body for such purpose.

EFFECTIVE upon the Governor's proclamation or thirty days after a canvas of the votes is completed, whichever occurs earlier.

 

Session Laws of Colorado Digest of Bills General Assembly State of Colorado


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